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ARY^Jr^       ^^lllBRARY(9^ 

Hi  Mi 


.\\1EUNIVERJ/A       ^lOSANCElfx, 

l^t)ii 


fca,.. ilii 


INDIAN  NULLIFICATION 


UNCONSTITUTIONAL  LAWS  OF  MASSACHUSETTS 


RELATIVE    TO 


^mm  MA'^^umi^mm  wwmm^ 


OR, 


THE  PRETENDED  RIOT  EXPLAINED. 


BY  WILLIAM  APES, 

▲*  inDIAM  AVD  PREACHER  OF  THX  GOSPEL 


BOSTON: 

PRESS  OF  JONATHAN  HOWE, 

No.  39,  Mercliants  Rott. 
1835. 


Entered  according"  to  Act  of  Congress,  m  the  year  one 
^oueand  eight  hundred  and  thirty-five,  by  William  Apes, 
i»  the  Clerk's  Office  of  the  District  Cowrt  of  MassachusetU. 


TO  THE  WHITE  PEOPLE  OF  MASSACHUSETTS 


k 


The  red  children  of  the  soil  of  America  address  them- 
selves to  the  descendants  of  the  pale  men  who  came  across 
the  big  waters  to  seek  among  thera  a  refuge  from  tyranny 
and  persecution. 

We  say  to  each  and  every  one  of  you  that  the  Great  Spirit 
who  is  the  friend  of  the  Indian  as  well  as  of  the  white  man, 
has  raised  up  among  you  a  brother  of  our  own  and  has  sent 
him  to  us  that  he  might  show  us  all  the  secret  contrivances  of 
the  pale  faces  to  deceive  and  defraud  us.  For  this,  many  of 
our  white  brethren  hate  him,  and  revile  him,  and  say  all  man- 
ner of  evil  of  him  ;  falsely  calling  him  an  impostor.  Know, 
all  men,  that  our  brother  Apes  is  not  such  a  man  as  they  say. 
White  men  are  the  only  persons  who  have  imposed  on  us, 
and  we  say  that  we  love  our  red  brother,  the  Rev.  William 
Apes,  who  preaches  to  us,  and  have  all  the  confidence  in  him 
that  we  can  put  in  any  man,  knowing  him  to  be  a  devout 
Christian,  of  sound  mind,  of  firm  purpose,  and  worthy  to  be 
trusted  by  reason  of  his  truth.  We  have  never  seen  any 
reason  to  think  otherwise. 

We  send  this  forth  to  the  world  in  love  and  friendship  with 
all  men,  and  especially  with  our  brother  Apes,  for  whose  ben- 
efit it  is  intended. 

Signed  by  the  three  Selectmen  of  the  Marshpee  Tribe,  at 
the  Council  House,  in  Marshpee. 

ISRAEL  AMOS, 
ISAAC  COOMBS, 
EZRA  ATTAQUIN. 

March,  19,  1835. 


30150G9 


BosTow,  October  2,  1834. 
To  tohomit  may  eencem. 

The  undersigned  was  a  native  of  the  County 
of  Barnstable,  and  was  brought  up  near  the  Marshpee  Indianm. 
He  always  regarded  them  aa  a  people  grievously  oppressed 
by  the  whites,  and  borne  down  by  laws  which  made  them 
poor  and  enriched  other  men  upon  their  property.  In  fact 
the  Marshpee  Indians,  to  whom  our  laws  have  denied  all 
rights  of  property,  have  a  higher  title  to  their  lands  than  the 
whites  have,  for  our  forefathers  claimed  the  soil  of  this  State 
by  the  consent  of  the  Indians,  whose  title  they  thus  adnritted 
was  better  than  their  own. 

For  a  long  time  the  Indiians  had  been  disaffected,  but  no 
one  was  energetic  enough  among  them  to  combine  them  in 
Uiking  measures  for  their  rights.  Every  time  they  had  peti- 
tioned the  Legislature,  the  laws,  by  the  management  of  the 
interested  whites,  had  been  made  more  severe  ageiinst  them. 
Daniel  Amos,  I  believe,  was  the  first  one  among  them, 
who  conceived  the  plan  of  freeing  his  tribe  from  slavery. 
William  Apes,  an  Indian  preacher,  of  the  Pequod  tribe, 
regularly  ordained  as  a  minister,  came  among  these  Indians, 
to  preach.  They  invited  iiim  to  assist  them  in  getting  their 
liberty.  He  had  the  talent  they  most  stood  in  need  of.  He 
accordingly  went  forward,  and  the  Indians  declared  that  no 
man  should  take  their  wood  off  their  plantation.  Apes  and  a 
number  of  other  Indians  quietly  unloaded  a  load  of  wood, 
which  a  Mr.  Sampson  was  carting  off.  For  this,  he  and  some 
others  were  indicted  for  a  riot,  upon  grounds  extremely  doubt- 
ful in  law,  to  say  the  least  Every  person  on  the  jury,  who 
»aid  he  thought  the  Indians  ought  to  have  their  liberty,  waa 
set  aside.  The  three  Indians  were  convicted,  and  Apes  wa« 
imprisoned  thirty  days. 


8 

It  was  in  this  stage  of  the  business,  after  the  conviction, 
that  I  became  the  counsel  of  the  Indians,  and  carried  their 
claims  to  the  Legislature,  where  they  finally  prevailed. 

The  persons  concerned  in  the  riot,  as  it  was  called, 
and  imprisoned  for  it,  I  think  were  as  justifiable  in  what 
they  did,  as  our  fathers  were,  who  threw  the  tea  overboard  ; 
and  to  the  energetic  movements  of  William  Apes,  Daniel 
Amos  and  others,  it  was  owing  that  an  impression  was  made 
on  the  Legislature,  which  induced  them  to  do  partial  justice 
toward  this  long  oppressed  race.  The  imprisonment  of  those 
men,  in  such  a  cause,  I  consider  an  honour  to  them,  and  no 
disgrace  ;  no  more  than  the  confinement  of  our  fathers,  in 
the  Jersey  prison-ship. 

BENJAMIN  F.  HALLETT, 

Counsel  /or  the  Marshpee  Indians. 


INTRODUCTION, 


The  writer  hopes  that  the  public  will  give  him  credit  for 
an  intention  to  adhere  rigidly  to  the  truth,  in  presenting  his 
Tiews  of  the  late  difficulties  of  the  Marshpee  Tribe,  as  it  ia 
as  much  his  wish  as  his  intention  to  do  justice  to  all  liis 
brethren,  without  distinction  of  colour.  Yet  he  is  sensible 
that  he  cannot  write  truly  on  this  subject  without  attracting 
the  worst  wishes  of  those  who  are  enemies. to  liberty,  or 
would  reserve  it  exclusively  to  themselves.  Could  he  speak 
without  incurring  such  enmity,  he  would  be  most  happy  to 
do  so  ;  but  he  is  fully  aware  that  he  cannot  even  touch  this 
matter  without  exposing  himself  to  certain  calumny.  This 
has  been  his  portion  whenever  he  has  attempted  to  plead 
the  cause  of  his  ignorant  and  ever -oppressed  red  brethren. 
Nevertheless,  he  will  endeavour  to  speak  independently,  as 
if  all  men  were  his  friends,  and  ready  to  greet  him  with 
thundering  applause  ;  and  he  would  do  so  if  their  voices  were 
to  pronounce  on  him  a  sentence  of  everlasting  disgrace.  He 
writes  not  in  the  expectation  of  gathering  wealth,  or  aug> 
menting  the  number  of  his  friends.  But  he  has  not  the  least 
doubt  that  all  men  who  have  regard  to  truth  and  integrity, 
will  do  justice  to  the  uprightness  of  his  intentions.  (Heaven 
be  praised  !  there  are  some  such  men  in  the  world.)  He  is 
equally  sure  that  the  evidence  contained  in  this  little  work 
will  be  satisfactory,  as  to  all  the  points  he  wishes  to  establish, 
to  all  who  are  open  to  conviction. 

It  is  true  that  the  author  of  this  book  is  a  member  of  the 
Marshpee  Tribe,  not  by  birth,  but  by  adoption.  How  he  has 
become  one  of  that  unfortunate  people,  and  why  he  concerns 
himself  about  their  affairs,  will  now  be  explained  to  the  sat- 
isfaction of  the  reader.      He  wishes  to  say  in  the  first  place, 


10 

that  the  causes  of  the  prevalent  prejudice  against  his  race 
have  been  his  study  from  his  childhood  upwards.  That  their 
colour  should  be  a  reason  to  treat  one  portion  of  the  human 
race  with  insult  and  abuse  has  always  seemed  to  him  strange  ; 
believing  that  God  has  given  to  all  men  an  equal  right  to 
possess  and  occupy  the  earth,  and  to  enjoy  the  fruits  thereof, 
without  any  such  distinction.  He  has  seen  the  beasts  of  the 
field  drive  each  other  out  of  their  pastures,  because  they  had 
the  power  to  do  so;  and  he  knew  that  the  white  man  had  that 
power  over  the  Indian  which  knowledge  and  superior  strength 
give ;  but  it  has  also  occurred  to  him  that  Indians  are  men, 
not  brutes,  as  the  treatment  they  usually  receive  would  lead 
US  to  think.  Nevertheless,  being  bred  to  look  upon  Indians 
with  dislike  and  detestation,  it  is  not  to  be  wondered  that  the 
whites  regard  them  as  on  a  footing  With  the  brutes  that  perish. 
Doubtless  there  are  many  who  think  it  granting  us  poor  na- 
tives a  great  privilege  to  treat  us  with  equal  humanity.  The 
author  has  often  been  told  seriously,  by  sober  persons,  that 
his  fellows  were  a  link  between  the  whites  and  the  brute 
creation,  an  inferior  race  of  men  to  whom  the  Almighty  had 
less  regard  than -to  their  neighbours,  and  whom  he  had  driven 
from  their  possessions  to  make  room  for  a  race  more  favoured. 
Borne  have  gone  so  far  as  to  bid  him  remove  and  give  place 
to  that  pure  and  excellent  people  who  have  ever  despised 
bis  brethren  and  evil  entreated  them,  both  bj  precept  and 
example. 

Assumption  of  this  kind  never  convinced  William  Apes 
of  its  own  justice.  He  is  still  the  same  unbelieving  Indian 
that  he  ever  was.  Nay,  more,  he  is  not  satisfied  that  the 
learned  and  professedly  religious  men  who  have  thus  ad- 
dressed him,  were  more  exclusively  the  favourites  of  his 
Creator  than  himself,  though  two  of  them  at  least  have  been 
hailed  as  among  the  first  orators  of  the  day,  and  spoke  with 
an  eloquence  that  might  have  moved  stocks  and  stones.  One 
of  them  dwells  in  New  York  and  the  other  in  Boston.  As  it 
would  avail  him  little  to  bespeak  the  favour  of  the  world  in 
behalf  of  their  opinions  by  mentioning  their  names,  he  will 
proceed  with  the  matter  in  hand,  viz.  the  troubles  of  the 
Marshpee  people,  and  his  own  trial. 


INDIAN  NULLIFICATION,  &e. 


It  being  my  desire,  as  well  as  my  duty  as  a  preacher 
of  tbe  gospel,  to  do  as  much  good  as  in  me  lay  to  my 
red  brethren,  I  occasionally  paid  them  a  visit,  announc- 
ing and  explaining  to  them  the  word  of  life,  when  op- 
portunity offered.  I  knew  that  no  people  on-  earth 
were  more  neglected  ;  yet  whenever  I  attempted  to 
supply  their  spiritual  wants,  I  was  opposed  and  ob- 
structed by  the  whites  around  them,  as  was  the  prac- 
tice of  those  who  dwelt  about  my  native  tribe,  (the 
Pequods.)  in  Groton,  Conn,  of  which  more  will  be 
said  in  another  place. 

Being  on  a  tour  among  my  brethren  in  May,  1833, 
I  was  often  asked  why  1  did  not  visit  my  brethren  of 
Marshpee,  of  whom  1  had  often  heard.  Some  said 
that  they  were  well  provided,  and  had  a  missionary, 
named  Fish,  who  took. care  of  their  lands  and  pro- 
tected them  against  the  fraud  of  such  of  their  neigh- 
bours as  were  devoid  of  principle.  Others  asserted 
that  they  were  much  abused.  These  things  I  heard 
in  and  about  Scituate  and  Kingston,  where  I  had  preach- 
ed. Some  of  those  who  spoke  thus,  were  connected 
with  the  missionary.  The  light  thus  obtained  upon 
the  subject  being  uncertain,  I  resolved  to  visit  the  peo- 
ple of  Marshpee,  and  judge  for  myself.  Accordingly 
I  repaired  to  Plymouth,  where  I  held  forth  on  the  civil 
and  religious  rights  of  the  Indians,  in  Dr.   Kendall's 


12 

church,  and  was  treated  with  Christian  kindness  by  the 
worthy  pastor  and  his  people.  Dr.  Kendall  gave  me 
a  letter  of  introduction  to  Mr.  Fish,  at  Marshpee. 
Being  unacquainted  with  the  way,  I  strayed  a  little 
from  it,  and  found  a  number  of  good  Congregationalisls 
of  the  old  school,  who  invited  me  to  tarry  and  preach 
to  them  in  the  evening,  which  I  did,  to  their  accept- 
ance ;  for  they  and  their  pastor  desired  me  to  remain 
and  preach  on  the  Sabbath,  which,  however,  I  could 
not  consistently  do.  I  proceeded  thence  to  Sandwich, 
where  I  made  my  mission  known  to  Mr.  Cobb,  the 
Orthodox  preacher,  who  appeared  to  be  pleased. 

Mr.  Cobb  said  that  he  had  agreed  to  exchange  with 
Mr.  Fish,  on  the  Sabbath  following,  but  as  it  was  in- 
convenient for  him  to  do  so,  he  would  give  me  a  line  to 
him.  With  this  furtherance  I  set  forward,  and  arrived 
at  Mr.  Fish's  house  before  sunset,  informing  those  I 
met  on  the  way  that  I  intended  to  preach  on  the  next 
day,  and  desiring  them  to  advise  others  accordingly. 
When  I  made  my  business  known  to  Mr.  Fish,  he 
treated  me  with  proper  kindness,  and  invited  me  to 
preach  for  him.  When  I  awoke  in  the  morning,  I  did 
not  forget  to  return  thanks  to  God  for  his  fatherly  pro- 
tection during  the  night,  and  for  preserving  me  in  health 
and  strength,  to  go  through  the  duties  of  the  day.  I 
expected  to  meet  some  hundreds  of  the  tribe,  and  to 
hear  from  their  lips  the  sweet  song  of  salvation  which 
should  prepare  their  minds  for  the  words  of  life,  to  be 
delivered  by  one  of  the  humblest  servants  of  God.  I 
hoped  that  grace  might  be  given  to  me  to  say  some- 
thing to  my  poor  brethren  that  might  be  for  their  ad- 
vantage in  lime  and  eternity  ;  after  which  I  thought  I 


13 

should  see  their  faces  no  more.  I  iooked  lo  see  them 
thronging  around  their  missionary  in  crowds,  and  wait- 
ed for  this  agreeahle  sight  with  great  anxiety. 

The  time  appointed  for  the  service  was  half  past 
ten.  When  it  arrived,  we  got  into  our  carriages  and 
proceeded  to  the  Meeting-house,  which  was  about  two 
miles  and  a  half  dist  i  t.  The  sacred  edifice  stood  in 
the  midst  of  a  noble  forest,  and  seemed  to  be  about  a 
hundred  years  old  ;  circumstances  which  did  not  ren- 
der its  appearance  less  interesting.  Hard  by  was  an 
Indian  burial  ground,  overgrown  with  pines,  in  which 
the  e;rave3  were  all  ranged  North  and  South.  A  de- 
lightful brook,  fed  by  some  of  the  sweetest  springs  in 
Massachusetts,  murmured  beside  it.  After  pleasing 
my  eyes  with  this  charnjin^  landscape,  I  ti'rned  to 
meet  my  Indian  brethren  and  give  them  the  hand  of 
friendship;  but  1  was  greatly  disappointed  in  the  ap- 
pearance of  those  who  advanced.  All  the  Indians  I 
had  ever  seen  were  of  a  reddish  color,  sometimes  ap- 
proaching a  yellow;  but  now,  look  to  what. quarter  I 
would,  most  of  those  who  were  coming  were  pale 
faces,  and,  in  my  disappointment,  it  seemed  to  me  that 
the  hue  of  death  sat  upon  tiieir  countenances.  It 
seemed  very  strange  to  me  that  my  brethen  should 
have  changed  their  natural  color,  and  become  in  every 
respect  like  white  men.  Recovering  a  little  from  my 
astonishment,  I  entered  the  house  with  the  missionary. 
It  had  the  appearance  of  some  ancient  monument  set 
upon  a  hill-top,  for  a  landmark  to  generations  yet  un- 
born. Could  Solomon's  temple  have  been  set  beside 
it,  I  think  no  one  would  have  drawn  an  architectural 
comparison.  Beautiful  as  this  place  was,  w^e  had 
2 


14 

Jittle  time  to  admire  it ;  something  more  solemn  de- 
manded our  attention.      We  were  to  prepare  ourselves 
for  a  temple  more  splendid  than  ever  was  built  by- 
hands.      When  the  congregation  were  seated,  1  arose 
and   gave  out  the  psalm.      I  now  cast  my  eyes  at  the 
gallery,  that  I  might  see  how  the  songsters  who  were 
tuning   their  harps  appeared  ;    but,  with  one  excep- 
tion, paleness  was   upon  all  their  faces.      I   must  do 
these  Indians  the  justice  to  say  that  they  performed 
their  parts  very  well.     Looking  below,  something  new 
caught  my  attention.     Upon  two  seats,  reserved  along 
the.  sides   of  the  temple  for  some  of  the   privileged, 
were  seated  a  few  of  those  to  whom  the  wards  of  the 
Saviour,  as  well  as  his   scourge  of  small  cords,  might 
be  properly  applied,  "  It  is  written  that  my  house  shall 
be  called  the  house  of  prayer,  but  ye  have  made  it  a 
den  of  thieves ;"  for  these  pale  men   were  certainly 
stealing  from  the  Indians  their  portion  in  the  gospel,  by- 
leaving  their  own  houses  of  worship  and  crowding  them 
out  of  theirs.       The  law,  perhaps,  allowed  them  to  do 
so.      After  singing  and  prayer,  I  preached  one  of  my 
luimble   sermons,  after  which    I  attended   a  Sabbath 
Sciiool,  in  which  a  solitary  red  child  might  be  seen  here 
and  there.      By  what  T  saw,  I  judged  that  the  whites 
were  much  favored,  while  the   little  red  children  were 
virtually  bidden  to  stand  aside.     I  understood  that  the 
books  that  were  sent  to  them  had  been  given  to  the 
wliiie  scholars. 

After  a  slight  refreshment,  the  duty  of  worship  was 
resumed  ;  and  I  discovered  that  plain  dealing  was  dis- 
agreeable to  my  white  auditory.  I  inquired  where 
the  Indians  were;  to  which  Mr.  Fish  replied,  that  they 


15 

were  at  a  place  called  Marshpee,  and  that  there  was  a 
person  called  Blind  Joe,  who  tried  to  preach  to  them, 
which  was  the  cause  of  their  absence.  Though  the 
said  Joe  was  one  of  them,  he  had  done  them  more 
harm  than  good,  I  asked  why  he  did  not  imitate 
Blind  Joe,  and  get  him  to  preach  for  him  a  part  of  the 
time.  He  answered,  that  that  could  not  be ;  that  Joe 
was  not  qualified  to  preach  and  instruct.  I  replied  that 
he  could  not,  perhaps,  be  sure  of  that,  and  that  if  he 
had  followed  the  course  I  had  mentioned,  it  would  at 
least  have  been  the  means  of  uniting  the  people,  which 
would  of  itself -have  been  great  good.  It  was  then 
concluded  to  have  a  meeting  at  Marshpee ;  and,  in  the 
afternoon  of  the  next  day,  I  paid  the  people  of  that 
place  a  visit  in  their  Meeting-house.  I  addressed  them 
upon  temperance  and  education,  subjects  wiiich  \ 
thought  very  needful  to  be  discussed,  and  plainly  told" 
them  what  I  had  heard  from  their  missionary,  viz  : 
That  it  was  their  general  disposition  to  be  idle,  not  to 
hoe  the  corn-fields  they  had  planted,  to  take  no  care  of 
their  hay  after  mowing  it,  and  to  lie  drunken  under 
their  fences.  I  admonished  them  of  the  evil  of  these 
their  ways,  and  advised  them  to  consider  any  white 
man  who  sold  them  rum  their  enemy,  and  to  place  no 
confidence  in  him.  1  told  them  that  such  a  person  de- 
se^ed  to  have  his  own  rum  thrown  into  his  face.  I 
endeavored  to  show  them  how  much  more  useful 
they  might  be  to  themselves  and  the  world  if  they 
would  but  try  to  educate  themselves,  and  of  the  respect 
they  would  gain  by  it.  Then,  addressing  the  throne 
of  grace,  I  besought  the  Lord  to  have  mercy  oa 
them  and  relieve  them  from  the  oppressions  under  which 


16 

they  laboured.  Here  Mr.  Fish  cautioned  me  not  to 
say  any.  thing  about  oppression,  that  being,  he  said,  the 
very  thing  that  made  them  discontented.  They  thought 
themselves  oppressed,  he  observed,  but  such  was  not 
the  case.  They  had  already  quite  liberty  enough.  I 
suggested  to  him  the  propriety  of  granting  them  the 
privileges  enjoyed  by  the  whites  about  them  ;  but  he 
said  that  that  would  never  do,  as  they  would  immedi- 
ately part  with  all  their  lands.  I  told  him  that,  if  their 
improvement  was  his  aim,  he  ought  to  go  among  them 
and  inquire  into  their  affairs ;  to  which  he  replied  that 
he  did  go  at  times,  but  did  not  say  much  to  them  about 
their  worldly  concerns.  He  asked  me  if  I  thought 
it  proper  to  preach  about  such  things.  I  answered 
that  I  thought  It  proper  to  do  good  in  any  way  ; 
that  a  variety  was  not  amiss,  and  that  such  a  course 
would  convince  his  flock  that  he  had  their  welfare  at 
heart. 

I  had  now  appointed  to  meet  my  brethren  on 
Wednesday  evening  following,  when  I  expected  to  bid 
them  farewell  forever  ;  and  in  the  mean  while  I  had 
obtained  a  biter  of  introduction  to  Mr.  Pratt,  of 
Great  Marshes.  There  1  gave  the  audience  a  word 
in  season,  upon  the  subject  of  Indian  degradation, 
which  did  not  appear  to  please  them  much.  I  then 
visited  Barnstable,  and  finding  no  resting  place  there 
for  the  sole  of  my  foot,  I  journeyed  as  far  as  Hyannis, 
where  I  was  entertained  with  hospitality  and  kindness. 
On  the  evening  of  the  fourteenth  day,  I  again  preach- 
ed on  the  soul-harrowing  theme  of  Indian  degradation; 
and  my  discourse  was  generally  well  received  ;  though 
it  gave  much  offence  to  some  illiberal  minds,  as  truth 


17 

always  will,  when  it  speaks  in  condemnation,  I  now 
turned  my  face  toward  Marshpee,  to  preach  the  word 
there. 

1  had  made  up  my  mind  to  depart  early  on  the  mor- 
row, and  therefore,  that  I  might  hear  of  their  concerns, 
and  how  they  fared  from  their  own  mouths,  I  intended 
to  commence  my  labours  early  in  the  day.  I  had  not 
the  least  intention  of  staying  with  my  brethren,  be- 
cause I  saw  that  they  had  been  taught  to  be  sectarians, 
rather  than  Christians,  to  love  their  own  sect  and  to 
hate  others,  which  was  contrary  to  the  convictions  of 
my  own  experience  as  well  as  to  the  doctrine  of  Jesus 
Christ.  What  ensued  led  me  to  look  farther  into  their 
case.  The  lecture  -I  had  delivered  in  the  Meeting- 
house, had  wrought  well,  and  a  small  pamphlet  that 
contained  a  sketch  of  the  history  of  the  Indians  of 
New  England  had  had  a  good  effect.  As  I  was  read- 
ing from  it,  an  individual  among  the  assembly  took  oc- 
casion to  clap  his  hands,  and  with  a  loud  shout,  to  cry, 
''  Truth,  truth  !"  This  gave  rise  to  a  general  conversa- 
tion, and  it  was  truly  heart-rending  to  me  to  hear  what 
my  kindred  people  had  suffered  at  the  hands  of  the 
whites. 

Having  partook  of  some  refreshment,  we  again  met 
to  w|^ship  God  in  the  School-house ;  where  1  believe 
that  the  Spirit  of  the  Lord  was  revealed  to  us.  Then, 
wishing  to  know  more  of  their  grievances,  real  or  sup- 
posed, and  upon  their  invitation,  I  appointed  several 
meetings ;  for  I  was  requested  to  hear  their  whole  story, 
and  to  help  them.  I  therefore  appointed  the  twenty- 
first  of  May,  1833,  to  attend  a  council  to  be  called  by 
my  brethren.  In  the  mean  while  I  went  to  Falmouth, 
2* 


18 

nine  miles  distant,  where  I  held  forth  upon  the  civil  and 
religious  rights  of  the  Indians.  Some,  who  apparent- 
ly thought  that  charity  was  due  to  themselves,  but  not 
to  the  red  men,  did  not  relish  the  discourse;  but  such 
as  knew  that  all  men  have  rights  and  feelings,  and 
wished  those  of  others  to  be  respected  as  well  as  their 
own,  spoke  favourably  of  it.  Of  this  number  was 
Mr.  Woodbury,  the  minister,  who  thought  it  would 
do  good.  I  then  returned  to  Marshpee,  to  attend  the 
council. 

The  meeting  was  held  in  the  school-room.  Busi- 
ness commenced  at  about  nine  in  the  morning,  and 
continued  through  the  day.  The  first  that  arose  to 
speak  was  an  Indian,  Ebenezer  Attaquin  by  name. 
Tears  flowed  freely  down  his  time-furrowed  cheeks, 
while  he  addressed  us  in  a  manner  alike  candid  and 
affeciionate.     The  house  was  well  filled. 

After  listening  patiently  to  the  tale  of  their  distresses, 
I  counselled  them.to  apply  for  redress  to  the  Governor 
and  Council.  They  answered,  that  they  had  done  so; 
but  had  never  been  able  to  obtain  a  hearing.  The 
wliite  agents  had  always  tlirown  every  obstacle  in  their 
way.  I  t'len  addressed  them  in  a  speech  which  they 
all  listened  to  with  projound  attention. 

1  be:j;an  by  saying  that,  though  I  was  a  str^j^ger 
among  thein,  I  did  not  doubt  but  that  I  might  do  them 
some  I'ood,  and  be  instrumental  in  procuring  the  dis- 
charge of  the  overseers,  and  an  alteration  of  the  ex- 
isting !  .w>;.  As,  however,  I  was  not  a  son  of  their 
partic- iUtr  tribe,  if  they  wished  me  to  assist  them,  it 
would  luj  necessary  for  them  to  give  me  a  right  to  act 
in  their  behalf,  by  adopting  me ;  as  then  our  rights  and 


19 

interests  would  become  identical.  They  must  be  aware 
that  all  the  evil  reports  calumny  could Jnvent,  would  be 
put  in  circulation  against  me  by  the  whites  interested, 
and  that  no  means  to  set  them  against  me  would  be 
neglected.  (Had  the  inspiration  of  Isaiah  spoken 
these  words,  they  could  not  have  been  more  fully  ac- 
complished, as  is  known  to  the  whites  of  Barnstable 
County,  as  well  as  the  Indians.) 

Mr.  Ebenezer  Attaquin,  being  one  of  the  prayer 
leaders,  replied  first,  and  said,  '•  If  we  get  this  man  to 
stand  by  us,  we  must  stand  by  him,  and  if  we  forsake 
him  after  he  undertsjies  for  us,  God  will  forsake  us 
also." 

Mr.  Ezra  Attaquin  wished  to  know  if  I  could  not 
come  and  dwell  with  them,  as  so  I  could  do  them  more 
good  than  if  abiding  at  a  distance.  Mr.  Ebenezer 
Attaquin  said  in  reply,  that  if  such  a  chance  should  be 
offered  to  a  white  man,  he  would  be  very  glad  to  ac- 
cept i-t. 

I  now  inquired  what  provision  could  be  made  for  me, 
if  I  should  consent  to  their  wishes.  They  answered 
that  their  means  were  small,  but  that  they  would  pro- 
vide a  house  for  me  to  live  in,  and  do  what  they  could 
for  my  support.  I  said  that,  knowing  their  poverty,  I 
did  not  expect  much,  and  gave  them  to  understand 
that  I  could  dig,  and  fish,  and  chop  wood,  and  was  will- 
ing to  do  what  I  could  for  myself.  The  subject  of  re- 
ligious instruction  was  then  discussed,  and  the  inquiry 
was  made,  what  should  be  done  with  their  poor,  blind 
brother,  (who  was  then  absent  among  another  sect.)  I 
answered  that  1  was  very  willing  to  unite  my  labours 
with  his,  as  there  was  plenty  of  work  for  both  of  us ; 


?0 

and  that  had  I  but  half  a  loaf  of  bread,  I  would  glad- 
ly divide  it  with  him.  It  was  then  agreed  that  we 
should  unite,  and  journey  together  on  the  road  toward 
heaven. 

The  case  of  Mr.  Fish  was  next  laid  befor^  the 
council,  and  complaints  were  made,  that  he  had  neg* 
lected  his  duty  ;  that  he  did  not  appear  to  care  for  the 
welfare  of  the  tribe,  temporal  or  spiritual ;  that  he  had 
never  visited  some  of  the  brethren  at  all,  and  others 
only  once  in  five  or  seven  years ;  that  but  eight  or  ten 
attended  his  preaching  ^  that  his  congregation  was  com- 
posed of  white  people,  to  whom  bis  visits  were  mosdy 
confined,  and  that  it  seemed  that  all  he  appeared  to 
care  for  was  to  get  a  living,  and  make  as  much  as  he 
could  out  of  the  Indians,  who  could  not  see  any  reason 
to  think  him  their  friend.  It  was,  therefore,  agreed  to 
discharge  him,  and  three  papers  were  draughted  ac- 
cordingly. One  was  a  petition  to  the  Governor  and 
Council,  a  second  to  the  Corporation  of  Harvard  Col- 
lege ;  the  first  complaining  against  the  Overseers,  and 
the  laws  relating  to  the  tribe  ;  and  the  second  against 
the  missionary  set  over  them  by  Harvard  College  and 
the  Overseers.  The  third  document  was  a  statement 
of  my  adoption  into  the  tribe,  and  was  signed  by  all 
present,  and  subsequently  by  others,  who  were  not 
present,  but  were  equally  desirious  of  securing  their 
rights.     It  was' as  follows. 

To  aU  whom  it  may  concern,  from  the  heginning  of  the  world 

up  to  this  time,  and  forever  more. 

Be  it  known,  that  we,  the  Marshpees,  now  assembled  in  the 

presence  of  God,  do  hereby  agree  to  adopt  the  Rev.  William 

Apes,  of  the  Pequod  tribe,  as  one  of  ours.     He,  and  his  wife, 


21 

and  his  two  children,  and  those  of  his  descendants,  forever, 
are  to  be  considered  as  belonging  to  the  Marshpee  tribe  of 
Indians,  And  we  solemly  avow  this,  in  the  presence  of  God, 
and  of  one  another,  and  do  hereby  attach  our  names  to  the 
same,  that  he  may  take  his  seat  with  us  and  aid  us  in  our  af- 
fairs. Done  at  the  Council  House  in  Marshpee,  and  by  the 
authority  of  the  same.  May  21st,  1833. 

EBENEZER  ATTAQUIN,  President. 
ISRAEL  AMOS,  Secretary. 

To  this  instrument  there  are  about  a  hundred  signa- 
tures, which  were  affixed  to  the  other  papers  above 
mentioned  also.  The  resolutions  which  were  sent  to 
the  two  bodies  were  these : 

Resolved,  That  we,  as  a  tribe,  will  rule  ourselves,  and  have 
the  right  to  do  so ;  for  all  men  are  born  free  and  equal,  says 
the  Constitution  of  the  country. 

Resolved,  That  we  will  not  permit  any  white  man  to  come 
upon  our  plantation,  to  cut  or  carry  off  wood  or  hay,  or  any 
other  article,  without  our  permission,  after  the  1st  of  July  next. 

Resolved,  That  we  will  put  said  resolutions  in  force  after 
that  date,  (July  next,)  with  the  penalty  of  binding  and  throw- 
ing them  from  the  plantation,  if  they  will  not  stay  away 
without. 

These  resolutions  w^ere  adopted  by  the  tribe,  and 
put  in  force,  as  will  be  seen  hereafter.  It  was  hoped 
that,  though  the  whiles  had  done  all  they  could  to  ex- 
tinguish all  sense  of  right  among  the  Indians,  they 
would  now  see  that  they  had  feelings  as  well  as  other 
men. 

The  petition  to  the  corporation  of  Harvard  set  forth 
the  general  dissatisfaction  of  the  tribe  with  the  missionary 
sent  them  by  that  honorable  body,  according  to  the  in- 
tended application  of  the  Williams  Fund.  The  mon- 
ey was  no  more  intended  for  Mr,  Fish  than  for  any 


22 

other  clergyman;  neither  had  the  Indians  given  him  a 
call.  They  thought  it  right  to  let  his  employers  know 
that  he  had  not  done  his  duty,  because  he  not  only  re- 
ceived between  five  and  six  hundred  dollars  from  the 
college,  but  had  possession  of  five  or  six  hundred  acres 
of  the  tribe's  best  woodland,  without  their  consent  or  ap- 
probation, and  converted  them  to  his  own  exclusive  use, 
pretending  that  his  claim  and  right  to  the  same  was 
better  than  that  of  the  owners  themselves.  Not  liking 
this,  the  Indians  solicted  his  discharge.  The  document 
runs  thus: 

To  our  white  brethren  at  Harvard  College  and  trustees  of 
the  Williams  fund,  that  is  under  the  care  of  that  body,  for  the 
important  use  of  converting  the  poor  heathen  in  New  England, 
and  who,  we  understand,  by  means  of  that  fund,  have  placed 
among  us  the  Rev.  Phineas  Fish. 

We  thought  it  very  likely  that  you  would  like  to  know  if 
'we,  as  a  people,  respected  his  person  and  labors,  and  whether 
the  money  was  benefiting  the  Indians  or  not.  We  think  it 
our  duty  to  let  you  know  all  about  it,  and  we  do  say,  as  the  voico 
of  one,  with  but  few  exceptions,  that  we  as  a  tribe,  for  a  long 
time,  have  had  no  desire  to  hear  Mr.  Fish  preach,  (which  is 
about  ten  years)  and  do  say  sincerely  that  we,  as  a  body,  wish 
to  have  him  discharged,  not  because  we  have  anything  against 
his  moral  character,  but  we  believe  his  labors  would  be  more 
useful  somewhere  else,  and  for  these  reasons, 

1st.  We,  as  a  people,  have  not  been  benefited  by  his  preach- 
ing; for  our  moral  character  has  not  been  built  up,  and  there 
has  been  no  improvement  in  our  intellectual  powers,  and  we 
know  of  no  Indian  that  has  been  converted  by  his  preaching. 

2d.  We  seldom  see  him  upon  our  plantation  to  visit  us,  as 
a  people.  His  visits  are  as  follows — To  one  house,  one  visit 
in  one  year — to  another,  two  visits  in  five  years — to  another 
one  in  seven—and  to  many,  none  at  ^11.  (We  would  here  re- 
mark that  Mr.  Fish  has  not  improved,  but  rather  lost  ground ; 
for  biftory  informs  us  tlmt  such  was  the  finxiety  of  the  whiter 


23 

that  it  was  thought  best  to  visit  the  Indians  twice  in  one  year, 
and  preach  to  them,  so  as  to  save  them.) 

3d.  We  think  that  twenty  years  are  long  enough  for  one 
trial.  Another  reason  is  that  you  and  the  people  think  that  we 
are  benefited  by  that  fund,  or  money  paid  to  him  for  preaching 
to  the  Indians — and  we  are  not  White  people  are  his  visitors 
and  hearers.  We  would  remark  here  that  we  have  no  objec- 
tion to  worship  with  our  white  neighbors,  provided  they  come 
as  they  ought  to  come,  and  not  as  thieves  and  robbers,  and  we 
would  ask  all  the  world  if  the  Marshpee  Indians  have  not  been 
robbed  of  their  rights.  We  wonder  how  the  good  citizens  of 
Boston,  or  any  town  would  like  to  have  the  Indians  send  them 
a  preacher  and  force  him  into  the  pulpit  and  then  send  other 
Indians  to  crowd  the  whites  out  of  their  own  meeting  house? 
and  not  pay  one  cent  for  it.  Do  you  think  the  white  men 
would  like  it?  We  trow,  not;  and  we  hope  others  will  con- 
sider, while  they  read  our  distressing  tale.  It  will  be  perceived 
that  we  have  no  objection  if  hundreds  of  other  nations  visit 
our  meeting  house.  We  only  want  fair  play  ;  for  we  have  had 
foul  play  enough. 

4th.  We  do  not  believe  but  that  we  have  as  good  a  right  to 
the  table  of  the  Lord  as  others.  We  are  kept  back  to  the  last, 
merely  because  our  skins  are  not  so  white  as  the  whites',  and 
we  know  of  no  scriptures  that  justify  him  in  so  doing.  (The 
writer  would  here  observe,  that  he  wonders  any  person  guilty  of 
a  dark  skin  will  submit  to  such  unchristian  usage,  especially  as 
the  minister  is  as  willing  to  shear  his  black  sheep  as  his  white 
ones.  This  being  the  case,  ought  he  not  to  pay  as  much 
regard  to  them  ?  Should  he  turn  them  loose  to  shift  for  them- 
selves, at  the  risk  of  losing  them  ?) 

5th.  We  never  were  consulted  as  to  his  settlement  over  us, 
ai  a  people.  We  never  gave  our  vote  or  voice,  as  a  tribe,  and 
we  fully  believe  that  we  are  capable  of  choosing  for  ourselves^ 
and  have  the  right  to  do  so,  and  we  would  now  say  to  you, 
that  we  have  made  choice  of  the  Rev.  Wm.  Apes,  of  the  Pe- 
quod  tribe,  and  have  adopted  him  as  one  of  ours,  and  shal^ 
hear  him  preach,  in  preference  to  the'missionary,  and  we  should 
like  to  have  him  aided,  if  you  can  do  it  If  not,  we  cannot 
help  it — ^he  is  ours — he  is  ours. 


24 

Perhaps  you  have  heard  of  the  oppression  of  the  Cherokees 
and  lamented  over  'them  much,  and  thought  the  Georgians 
were  hard  and  cruel  creatures ;  but  did  you  ever  hear  of  the 
poor,  oppressed  and  degraded  Marshpee  Indians  in  Massachu- 
setts, and  lament  over  them  ?  If  not,  you  hear  now,  and  we 
have  made  choice  of  the  Rev.  Wm.  Apes  to  relieve  us,  and 
we  hope  that  you  will  assist  him.  And  if  the  above  com- 
plaints and  reasons,  and  the  following  resolutions,  will  be  sat- 
isfactory, we  shall  be  glad,  and  rejoice  that  you  comply  with 
our  request. 

Resolved,  That  we  will  rule  our  own  tribe  and  make  choice 
of  whom  we  please  for  our  preacher. 

Resolved,  That  we  will  have  our  own  meeting  house,  and 
place  in  the  pulpit  whom  we  please  to  preach  to  us. 

Resolved,  That  we  will  publish  this  to  the  world  ;  if  the  above 
reasons  and  resolutions  are  not  adhered  to,  and  the  Rev.  Mr. 
Fish  discharged. 

The  foregoing  addresses  and  resolutions  were  adopted  by 
&  vote  of  the  tribe,  almost  unanimous.  Done  at  the  Council 
House  at  Marshpee,  May  the  21st,  1833, 

EBENEZER  ATT  A  Q,mN,  President. 
ISRAEL  AMOS,  Secretary. 

The  Hon.  Josiah  Quincy,  President  of  the  College, 
promised  to  attend  to  this  matter,said  that  he  had  long 
been  satisfied  that  the  money  from  the  Williams  fund 
had  not  been  applied  to  the  object  for  which  it  was  in- 
tended, and  hinted  at  an  intention  to  send  no  more  to 
Mr.  Fish  till  he  should  be  belter  informed  concerning 
the  matter.  (We  understood  that  he  actually  did  retain 
the  money,  though  he  never  found  leisure  to  make  the 
inquiry  alluded  to.)  He  said  that,  had  it  been  in  the 
summer,  he  would  have  gone  himself  to  the  place. 
Summer  has  passed  away,  and  we  have  seen  no  Mr. 
Quincy  yet.     We  have   heard  that  he  was   requested 


25 

by  several  gentlemen  to  come  and  investigate  our  affairs, 
but  we  suppose  he  thinks  that  the  poor  Marshpees  can- 
not have  been  wronged.  However,  as  nothing  has 
been  done,  we  think  it  is  time  that  the  public  should 
be  made  aware  of  our  views  and  intentions. 

Leaving  Marshpee  for  New  Bedford,  1  preached  at 
several  places  on  my  way,  and  delivered  lectures  on 
Indian  affairs.  Many  of  the  advocates  of  oppression 
became  clamorous,  on  hearing  the  truth  from  a  simple 
Indian's  lips,  and  a  strong  excitement  took  place  in  that 
quarter. 

Some  feared  that  an  insurrection  might  break  out 
among  the  colored  people,  in  which  blood  might  be 
shed.  Some  called  me  an  imposter,  and  others  ap- 
proved of  my  proceedings,  especially  the  Quakers, 
whom  I  ever  found  benevolent  and  ready  to  help  us. 
Their  generous  good  will  toward  colored  people  of  all 
races  is  well  known.  I  feel  bound  to  say,  too,  that 
there  were  others  of  the  highest  respectability  in  those 
parts  who  were  anxious  that  their  red  brethren  should 
obtain  their  rights  and  redress  of  their  grievances. 

When  the  time  t  had  fixed  for  my  return  to  my 
friends  at  Marshpee  arrived,  I  turned  thitherward,  and 
reached  the  place  on  the  sixth  of  June.  Here  I  met 
the  bhnd  preacher,  whom  I  had  never  before  seen. 
He  bade  me  welcome,  and  cordially  agreed  to  join  me 
ifi  my  labors,  saying  that  God  had  listened  to  his  prayers. 
He  had  for  several  years  prayed  for  an  assistant,  and 
now  consented  to  labor  in  conjunction  with  me  for  the 
spiritual  and  temporal  advantage  of  our  brethren.  We 
went  through  the  plantation  together.  On  the  Sabbath 
3 


26 

there  was  a  large  meeting,  and  the  assistance  of  God 
enabled  me  to  preach  to  them,  after  which  we  set  forth, 
a  sa  delegation  to  the  Governor  and  Council  in  Boston. 
We  stopped  at  several  towns  by  the  way,  to  discharge 
our  duties,  as  Christian  ministers,  and  were  kindly  and 
hospitably  received  by  the  teachers. 

When  we  arrived  in  Boston,  we  communicated  our 
business  to  a  certain  doctor,  who  lived  in  Roxbury. 
He  did  not  think  so  favorably  of  it  as  we  had  expect- 
ed ;  but,  nevertheless,  agreed  to  lay  it  before  the  board 
of  trustees,  which  we  presume  he  did,  as  he  is  a  man 
of  truth.  We  told  him  that  we  asked  for  justice,  not 
money,  and  said  that  we  wished  the  Marsbpee  Indians 
to  avoid  the  meeting-house,  if  it  did  not  belong  to  them. 
W^ith  this  we  left  him,  and  have  never  heard  from  him 
from  that  day  to  this.  He  is  gone  where  his  deeds 
done  in  the  flesh  will  receive  their  just  reward ;  which 
1  hope  is  a  crown  of  blessedness  and  glory. 

We  did  not  find  the  Governor  in  Boston  ;  but  were 
advised  to  wait  on  Mr.  Armstrong,  the  Lieut.  Govern- 
or. We  showed  him  our  petition  and  resolutions,  which 
he  said,  would  avail  us  nothing,  unless  enforced.  We 
answered  that  they  would  be  enforced,  at  the  appoint- 
ed lime.  He  then  suggested  that  we  might  have  been 
instigated  to  the  measures  in  question  by  some  of  our 
eaemies ;  probably  meaning  some  of  our  unprincipled 
white  neighbors.  We  replied  that  ill  usage  had  been 
our  only  instigation,  and  that  no  one  had  interfered  in 
the  matter.  He  advised  us  to  deliver  our  petition  to 
the  Secretary  of  State,  to  be  submitted  to  the  Council  at 
their  next  session  ;  which  we  did. 


27 

This  done,  we  called  on  one  of  the  tribe  who  was 
engaged  in  the  coasting  business,  and  had  done  much  to 
teach  the  Indians,  and  to  bring  them  to  a  right  knowl- 
edge of  their  degraded  condition.  He  said  that  he 
would  willingly  relinquish  his  business,  and  join  in  the 
efforts  of  his  brethren  to  shake  off  the  yoke  which  gall- 
ed them  ;  and  thereupon  it  was  resolved  to  hold  a  con- 
vention on  the  twenty-fifth  of  June,  for  the  purpose  of 
organizing  a  new  government.  He  desired  to  be  there, 
and  his  name  is  Daniel  Amos. 

I  now  set  out  for  Essex,  where  my  family  was  liv- 
ing, accompanied  by  the  blind  preacher.  I  put  my 
wife  and  little  ones  on  board  a  small  vessel,  bound  for 
Boston,  while  I  and  my  blind  brother  returned  thither 
by  land.  We  all  arrived  safely,  and  soon  after  em- 
barked for  Barnstable,  where  we  arrived  on  the  eigh- 
teenth of  June,  and  landed  at  a  spot  about  twelve  miles 
distant  from  the  hospitable  Indians.  Here  we  found 
ourselves  breathing  a  new  atmosphere.  The  people 
were  very  litde  prepossessed  in  our  favor,  and  we  cer- 
tainly owe  them  small  thanks  on  the  score  of  hospital- 
ity. We  succeeded  in  obtaining  the  shelter  of  an  old 
stable  for  two  nights,  by  paying  two  dollars.  We  ap- 
plied to  one  individual  for  accommodations  during  that 
time,  for  one  of  our  party  who  was  sick,  but  were  re- 
fused. He  said  he  had  no  room.  If  any  white  man 
should  come  to  Marshpee  and  ask  hospitality  for  anight 
or  two,  I  do  not  believe  that  one  of  the  whole  tribe 
would  turn  him  from  his  door,  savages  though  they  be. 
Does  not  he  better  deserve  the  name  who  took  from  us 
two  dollars  for  sleeping  in  his  stable  ?  This  usage  made 
me  think  that  in  this  part  of  New  England  prejudice 


28 

was  strong  against  the  poor  children  of  the  woods,  and 
that  any  aid  we  might  receive  must  come  from  the  more 
hospitable  Indians,  among  whom  we  arrived  on  the 
twenty-first,  and  rested  till  the  twenty-fifth.  We  re- 
garded ourselves,  in  'some  sort,  as  a  tribe  of  Israelites 
suffering  under  the  rod  of  despotic  Pharaohs  ;  for  thus 
far,  our  cries  and  remonstrances  had  been  (ff^  no  avail. 
We  were  compelled  to  make  our  bricks  w^'hout  straw. 
We  now,  in  our  synagogue,  for  the  first  time,  con- 
certed the  form  of  a  government,  suited  to  the  spirit 
and  capacity  of  free  born  sons  of  the  forest ;  after 
the  pattern  set  us  by  our  white  brethren.  There 
was  but  one  exception,  viz.  that  all  who  dwelt  in  our 
precincts  were  to  be  held  free  and  equal,  in  truth,  as 
well  as  in  letter.  Several  officers,  twelve  in  all,  were 
elected  to  give  effect  to  this  novelty  of  a  government ; 
the  chief  of  whom  were  Daniel  Amos,  President,  and 
Israel  Amos,  Secretary.  Having  thus  organized  our- 
selves, we  gave  notice  to  the  former  board  of  overseers, 
and  the  public  at  large,  of  our  intentions.  This  was 
the  form  of  our  proclamation. 

NOTICE. 
Marshpee  Plantation,  June  ^5th,  1833. 
Having  heretofore  been  distressed,  and  degraded,  and  rob- 
bed daily,  we  have  taken  measures  to  put  a  stop  to  these 
things.  —  And  having  made  choice  of  our  own  town  officers 
to  act  instead  of  the  whites,  and  having  acquainted  the  Gov- 
ernor of  our  affairs  and  resolution*,  he  has  nothing  against  our 
putting  them  in  force.*     And  now  we  would  say  to  our  white 

*  Here  we  were  a  little  mistaken,  not  knowing  in  our  ignorance,  that 
we  were  making  the  Lieut.  Governor  commander  in  chief,  and  using 
his  name  to  nullify  the  existing  laws.  Nevertheless,  our  mistake  was 
not  greater  than  many  that  have  been  made  to  pass  current  by  the  soph- 
istry of  the  whites,  and  we  acted  in  accordance  with  the  spirit  of  the 
gonstitution,  unless  that  instrument  be  a  device  of  utter  deception 


29 

friends,  we  are  wanting  nothing  but  our  rights  betwixt  man 
and  man.  And  now,  rest  assured  that  said  resolutions  will 
be  enforced  after  the  first  day  of  July,  1833.  Done  at  the 
National  Assembly  of  the  Marshpee  Tribe,  and  by  the  authority 
of  the  same. 

DANIEL  AMOS,  President. 
ISRAEL  AMOS,  Secretary, 

Hereupon  the  Missionary  and  agents  and  all  who 
put  faith  in  them,  combined  together  to  work  our  de- 
struction, as  is  well  known  to  all  men. 

We  then  proceeded  to  discharge  all  the  officers  ap- 
pointed by  the  Governor  and  Council,  firmly  believing 
that  each  and  every  one  of  the  existing  laws  concerning 
the  poor  Israelites  of  Marshpee  was  founded  on  wrong 
and  misconception.  We  also  forwarded  a  letter  and 
resolution  to  Gideon  Hawley,  to  the  effect  that  we  were 
dissatisfied  with  his  proceedings  with  regard  to  our 
affairs  and  with  those  of  the  other  officers,  that  we 
-desired  their  stay  among  us  no  longer,  that  we  were 
seeking  our  rights  and  meant  lo  have  them,  and  we 
therefore  demanded  cf  them  all  a  final  settlement, 
and  warned  them  not  to  violate  our  regulations.  The 
resolution  was  as  follows  : 

Resolvedy  That  we  will  no  longer  accede  to  your  terras 
after  the  first  day  of  July  next,  1833. 

Done  by  the  authority  of  the  Marshpee  Tribe. 

DANIEL  AMOS,  President 
.     ISRAEL  AMOS,  Secretary, 

We  also  proceeded  to    discharge  the    missionary, 
telling  him  that  he  and  the  white  people  had  occupied 
3# 


30 

our  meeting  house  long  enough,  and  that  we  now  want- 
ed it  for  our  own  use.  We  likewise  gave  him  notice 
that  we  had  complained  against  him  to  the  authorities 
at  Harvard. 

Those  who  had,  as  we  think  unlawfully,  ruled  us 
hitherto,  now  awoke  in  astonishment,  and  bestirred 
themselves  in  defence  of  their  temporal  interests.  Mr. 
Hawley  was  despatched  to  the  Governor  at  Worcester, 
to  whom  he  represented  the  state  of  affairs  in  colors 
which  we  cannot  acknowledge  to  have  been  faithful. 
He  slated  that  the  Indians  were  in  open  rebellion,  and 
that  blood  was  likely  to  be  shed.  It  was  reported  and 
believed  among  us  that  he  said  we  had  armed  ourselves, 
and  were  prepared  to  carry  all  before  us  with  toma- 
hawk and  scalping  knife  ;  that  death  and  destruction, 
and  all  the  horrors  of  a  savage  war,  were  impending  ; 
that  of  the  white  inhabitants  some  were  already  dead, 
and  the  rest  dreadfully  alarmed  !  An  awful  picture 
indeed. 

However,  several  weeks  previous  to  this  the  Governor 
and  Council  had  been  apprised  of  what  was  going  for- 
ward, and  had  authorised  one  of  the  Council  to  visit  the 
tribe,  in  order  to  hold  counsel,  and  if  possible,  restore 
peace  among  them.  But  the  first  of  July  arrived 
before  he  came,  and  we  did  even  as  we  had  pledged 
ourselves  to  do,  having  in  view  no  other  end  than  the 
assertion  and  resumption  of  our  rights.  Two  of  the 
whites,  indeed,  proved  themselves  enemies  to  the  Indi- 
ans, by  holding  themselves  in  readiness  to  break  up  the 
new  gavernmenf,  and  daring  them  to  carry  it  into  effect. 
They  were  brothers,  and  one  of  them  has  since  gone  lu 


31 

Ills  reward.  Their  name  was  Sampson.  They  carue, 
in  defiance  of  our  resolutions,  to  take  away  our  wood, 
in  carts.  As  I  was  walking  in  the  woods,  I  discovered 
them  in  the  act  of  removing  our  property,  and  called 
to  him  who  was  the  owner  of  the  teams  to  come  near 
me.  He  complied,  and  appeared  much  agitated  as  he 
approached.  I  mildly  stated  to  him  the  views  and 
intentions  of  the  tribe,  saying  that  it  was  not  their  design 
to  wrong  or  harm  any  man  in  the  least,  and  that  we 
wished  them  to  desist  till  we  should  have  had  a  settle- 
ment with  the  Overseers,  afier  which  every  thing  should 
be  placed  upon  a  proper  footing.  I  begged  them  lu 
desist,  for  the  sake  of  peace ;  but  it  was  to  no  purpose. 
They  said  that  they  knew  what  they  were  about,  and 
were  resolved  to  load  their  teams.  I  answered,  that 
the  men  who  owned  the  w'ood  w-ere  resolved  to  carry 
their  resolutions  into  force  ;  and  asked  if  they  had  not 
seen  the  notification  we  had  posted  up.  One  of  them 
replied  that  he  had  seen,  but  had  not  taken  much  notice 
of  it.  I  again  told  them  that  the  owners  of  the  wood 
were  at  hand,  and  by  the  time  one  of  the  teams  was 
laden,  the  Indians  came  up.  I  then  asked  William 
Sampson,  who  was  a  member  of  the  missionary's  church, 
if  he  would,  even  then,  unload  his  team  and  wait  till 
things  were  more  quiet ;  to  which  he  replied  that  he 
would  not.  I  then,  having  previously  cautioned  the 
Indians  to  do  no  bodily  injury  to  any  man,  unless  in 
their  own  defence,  but  to  stand  for  their  rights,  and 
nothing  else,  desired  them  to  unload  the  teams,  which 
they  did  very  promptly.  One  of  the  Sampsons,  who 
was  a  justice  of  the  peace,  forbade  them,  and  threat- 
ened to  prosecute   them   for  thus  protecting  their  own 


32 

property,  which  had  no  other  effect  than  to  incite  them 
to  work  more  diligently.  When  they  had  done,  I  told 
the  justice,  that  he  had,  perhaps,  better  encourage 
others  to  carry  away  what  did  not  belong  to  them,  and 
desired  the  teamsters  to  depart.  They  said  they  would, 
seeing  that  it  was  useless  to  attempt  to  load  the  carts. 
Throughout  this  transaction  the  Indians  uttered  neither 
a  threat  nor  an  unkind  word,  but  the  white  men  used 
very  bitter  language  at  being  thus,  for  the  first  time, 
hindered  from  taking  away  what  had  always  been  as  a 
lawful  spoil  to  them  hitherto. 

The  defeated  Sampsons  hurried  off  to  get  the  aid  of 
legal  might  to  overcome  right,  and  were  wise  enough  to 
trouble  the  Indians  no  further.  The  tribe  were  thus 
left  in  peaceable  possession  of  all  their  property.  Mr 
Fish  stated  in  his  report  of  the  case,  that  we  wanted 
possession  of  the  mission  house  ;  but  in  this  he  was  mis- 
taken. No  such  thing  was  intended  or  even  mentioned 
among  us,  though  it  is  true  that  the  meeting-house  and 
the  two  school  houses,  and  all  the  land,  excepting  that 
on  which  Mr.  Fish's  house  stood,  were  in  our  hands. 

The  Indians  now  made  it  part  of  their  business  to 
watch  their  property  ;  being  determined  to  disappoint 
the  rapacity  of  the  whites.  They  soon  learned  that  the 
Governor  had  sent  an  envoy  to  deal  with  them,  and  the 
news  cheered  their  hearts  not  a  little  ;  for  they  earnestly 
wished  for  peace  and  quietness.  A  verbal  message  was 
brought,  desiring  us  to  meet  him.  We  replied  by  ask-  . 
ing  why  the  agent  did  not  come  to  us,  if  the  Governor 
had  sent  him  for  that  purpose,  instead  of  going  to  a 
tavern  and  calling  on  us  to  come  to  him  there.  I  now 
suppose  that  this  proceeding  on   his  part  was  not  so 


33 

much  his  fauh  as  that  of  one  Ezra  Crocker,  who  receiv- 
ed twenty  dollars  per  annum  for  entertaining  the  Indians 
in  his  house,  and  who  not  unfrequently  thrust  them  out 
of  doors.  Nevertheless,  we  sent  the  agent  an  answer 
in  writing,  to  the  following  effect. 

To  the  Honorable  Agent  sent  by  the  Governor  to  inquire  info 

our  affairs. 
Dear  Sir, 

We  are  much  gratified  to  see  that  the  Governor 
haa  noticed  us  so  much  as  to  inquire  into  our  affairs.  Your 
request  could  not  be  attended  to  yesterday  ;  our  people  being 
very  busy  in  the  affairs  of  the  day  ;  but  we  will  meet  you  with 
pleasure  this  morning  at  nine  o'clock,  at  our  meeting-house, 
there  being  no  other  place  where  we  should  like  to  see  you 
for  an  interview. 

DANIEL  AMOS,  President. 
July  4th,  1833. 

At  the  time  appointed,  we  met  the  Counsellor,  and 
he  appeared  to  enjoy  himself  very  well  among  us. 
When  the  meeting  had  been  called  to  order,  it  was  ob- 
served that  the  Overseers  were  not  present,  and  it  was 
proposed  to  send  for  them,  that  they  might  have  fair 
play  and  hear  of  what  faults  they  were  accused.  They 
came,  accompanied  by  the  High  Sheriff  of  Barnstable 
County,  the  Hon.  J.  Reed  of  Yarmouth,  and  several 
other  whites,  who  were  invited  to  take  seats  among  us. 
The  excitement  which  pervaded  Cape  Cod  had  brought 
these  people  to  our  council,  and  they  now  heard  such 
preaching  \\i  our  meeting-house  as  they  had  never 
heard  there  before  ;  the  bitter  complainings  of  the  In- 
dians of  the  wrongs  they  had  suffered.  Every  charge 
was  separately  investigated  by  our  people,  who  gave 
the  entire  day  to  the  work.     The  white  persons  present 


34 

seemed  very  uneasy  ;  often  getting  up,  going  out 
and  returning,  as  if  apprehensive  of  some  danger. 
The  ground  work  of  their  fears,  if  they  had  any,  was 
this :  Three  of  our  people,  who  had  been  out  in  the 
morning,  hunting  deer,  had  brought  their  guns  into  the 
meeting  house,  and  this  circumstance  was  thought,  or 
pretended  to  be  thought  by  a  few  of  our  neighbors  to 
portend  violence  and  murder.  Also  the  Counsellor 
had  brought  a  letter  from  the  Governor,  indicating  that 
he  had  been  led,  by  wrong  reports,  to  believe  that 
something  of  the  kind  was  likely  to  take  place.* 

This  letter  was  read  to  the  people,  and  was  to  them 
as  a  provocation  and  a  stimulus.  They  thought  it  griev- 
ous that  the  Governor  should  think  they  had  put  him  in 
mind  of  his  oath  of  office,  to  secure  the  Commonwealth 
from  danger,  and  given  him  cause  to  call  out  perhaps 
fifty  or  sixty  thousand  militia  ;  especially  when  the  great 
strength  and  power  of  the  Marshpee  tribe  was  consid- 
ered. To  this  supposed  great  demonstration  of  military 
power  they  might,  possibly,  have  opposed  a  hundred 
fighting  men  and  fifteen  or  twenty  rusty  guns.  But  it 
is  written,  "  One  shall  chase  a  thousand,  and  two  shall 
put  ten  thousand  to  flight ;"  so  there  might  have  been 
some  reason  for  persons  who  believe  the  Bible  to  fear 
us.  Who  can  say  that  little  Marshpee  might  not  have 
discomfitted  great  Massachusetts.  Nevertheless,  the 
birth  place  of  American  freedom  was  spared  so  great  a 


*  *•  In  respect  to  the  measures  you  may  deem  advisable,  let  them 
be  confined  in  their  adoption  to  an  application  of  the  civil  power. 
If  there  is  resistance,  the  Sheriff  will,  with  your  advice,  call  out 
the  posse  comitatus,  and  should  there  be  reason  to  fear  the  inefl&- 
ciency  of  this  resort,  I  will  be  present  personally,  to  direct  any 
military  requisitions,"  &c. 


35 

disgrace ;  for  the  governor,  very  wisely,  remained  at 
home. 

Toward  the  close  of  the  day  Mr.  Fish  desired  the 
Hon.  Mr.  Reed  to  explain  to  the  Indians  the  laws,  as 
they  then  stood,  and  the  consequences  of  violating 
them.  He  told  us  that  merely  declaring  a  law  to  be 
oppressive  could  not  abrogate  it ;  and  that  it  would  be- 
come us,  as  good  citizens  whom  the  government  was 
disposed  to  treat  well,  to  wait  for  the  session  of  the 
Legislature,  and  then  apply  for  rehef  *  "  He  went 
fully,"  says  one  reporter,  whose  name  it  may  be  well 
to  omit,  "  into  the  situation  of  the  tribe,  in  a  very 
forcible  and  feeling  manner,  warning  them  against  the 
rash  measures  theyhad  already  taken  or  adopted. 

Mr.  Fish  then  pathetically  stated  his  opinions  con- 
cerning the  awful  consequences  which  would  result 
from  a  violation  of  the  laws,  and  spoke  much  at  large 
of  the  parental  feeling  of  government  for  the  remnant 
of  a  once  mighty  and  distinguished  race.  Wm.  Apes 
replied  that  the  laws  ought  to  be  altered  without  delay; 
that  it  was  perfectly  manifest  that  they  were  unconsti- 
tutional, and  that,  even  if  they  were  not  so,  there  was 
nothing  in  them  to  authorize  the  white  inhabitants  to 
act  as  they  had  done.  Being  very  anxious  to  learn 
what  amount  of  good  his  brethren  might  expect,  he 
spoke  with  an  energy  that  alarmed  some  of  the  whites 
present  considerably.  The  Hon.  Mr.  Reed  questioned 
him  as  to  his  right  to  interfere.  He  replied  that  he 
had  obtained  it  by  the  adoption  of  the  tribe. 


*  Surely  it  was  either  insult  or  wrong  to  call  the  Marshpee* 
citizens,  for  such  they  never  were,  from  the  declaration  of  inds- 
pendence  up  to  the  session  of  the  Legislature  in  1S34. 


36 

Mr.  Reed,  if  I  correctly  understood  him,  answered 
that  the  Indians  had  no  right  to  do  such  an  act ;  no 
power  to  confer  such  a  privilege.  I  replied,  that  if 
the  plantation  belonged  to  them,  they  undoubtedly  had  a 
right  to  give  me  leave  to  dwell  upon  it.  Many  other 
things  he  said  of  which  I  could  not  see  the  reasonable- 
ness and  propriety,  and  therefore  we  could  not  come 
to  an  agreement. 

While  these  things  were  being  done  and  said,  as  I 
have  reason  to  believe,  a  warrant  for  my  apprehension 
was  put  into  the  hands  of  the  High  Sheriff,  who,  it 
appeared  to  me,  was  not  very  desirous  to  execute  it. 
He  approached  me,  and  with  some  agitation,  told  me  I 
must  go  with  him  toCatuiot;  and  added,  that  if  I  did  not 
accompany  him  peaceably,  he  would  have  out  the  whole 
county  of  Barnstable.  I  was  not  conscious  of  giving 
any  cause  for  this  'perturbation  of  mind,  but  I  suppose 
others  saw  my  conduct  in  a  different  light.  It  is  admitted 
by  all  that  nothing  was  done  contrary  to  good  order, 
though  I  admit,  that  if  I  had  refused  to  obey  the  war- 
rant, the  Sheriff  would  not  have  been  able  to  enforce  it. 
The  fact  is  I  was  in  no  wise  unwilling  to  go  with  him, 
or  to  have  my  conduct  brought  to  the  test  of  investiga- 
tion, or  to  give  all  the  satisfaction  that  might  be  required, 
had  it  appeared  that  I  had  done  wrong.  I  was  also 
very  desirous  to  have  the  tfuth  appear,  viz.  that  it  was 
not  the  intention  or  wish  of  the  Marshpees  to  do  vio- 
lence or  shed  blood. 

The  Sheriff  told  me  that  1  should  not  suffer  any 
injury  or  injustice,  and  that  I  should  have  a  hearing  in 
the  presence  of  my  friend,  Mr  Fish.  I  went  with  him 
very  quietly.     The  excitement   ran   very  high,   and 


37 

almost  all  Cotiiet  was  present  at  my  examination.  If 
wishes  could  have  availed,  I  doubt  not  that  I  should  have 
been  ruined  forever.     I  was  arraicrned  on  three  char":es : 

O  D 

for  riot,  assault,  and  trespass ;  and  pleaded  not  guilty. 

The  Messrs.  Sampsons,  four  in  number,  were  called, 
and  testified  as  follows,  That  on  the  first  day  of  July, 
between  eight  and  nine,  A.  M.  they  were  carting  wood 
from  the  Marshpee  plantation,  that  they  were  hailed  by 
Wm.  Apes,  and  forbidden  by  him  to  take  any  wood 
away  until  a  settlement  with  the  overseers  should  have 
been  had  ;  that  the  said  Apes  threatened  them  that  he 
would  call  his  men  if  they  persisted,  who  would  "  cut 
up  a  shine  ivith  them, ^^"^  {the  Sampsons.)  They  all 
agreed,  however,  that  no  unchristian  temper  was  man- 
ifested, and  no  indecorous  language  used.  They 
admitted  that  they  had  no  fear  for  their  personal  safety, 
and  that  no  harm  was  done  to  any  of  the  persons  con- 
cerned, save  unloading  their  teams,  and  ordering  them 
to  depart. 

?Jow  if  I  had  taken  any  neighbors'  wood  without  his 
leave,  and  he  had  thrown  it  out  of  my  cart,  and  told 
me  to  go  away,  and  had  given  me  no  farther  molesta- 
tion, I  should  think  I  had  gotten  off  very  easily.  If  a 
poor  Indian  wishes  to  get  into  a  jail  or  penitentiary, 
that  is  just  the  course  I  would  advise  him  to  pursue.  I 
leave  it  to  the  reader  to  say  who  were  the  persons 

*  I  do  not  recollect  uttering  this  expression,  and  it  is  not 
one  that  I  am  in  the  habit  of  using.  It  surprised  me  much, 
too,  that  the  Sampsons  should  all  swear  alike,  when  it  was 
impossible  that  they  could  have  heard  alike.  If  I  used  the 
word  shine,  it  must  have  been  in  speaking  to  Mr.  William 
Sampson,  in  a  lew  tone,  about  fifty  yards  from  the  others. 


38 

agrieved  and  injured,  and  that  had  the  right  to  complain 
of  trespass. 

It  was  thought  proper,  by  those  who  had  the  power 
so  to  do,  to  bind  me  over  to  appear  and  take  my  trial 
before  the  Court  of  Common  Pleas,  at  the  next  session, 
in  the  sum  of  two  hundred  dollars,  and  sureties  for  the 
like  amount  w^ere  also  required.  Compliance  was  not 
difficult.  I  had  only  to  send  for  Lemuel  Ewer,  Esq. 
of  South  Sandwich,  who  had,  in  former  times,  been  the 
treasurer  of  the  tribe,  knew  their  wrongs,  and  was  their 
friend.  It  was  well  for  me  that  there  was  one  man 
who  knew  on  which  side  the  right  lay,  and  had  the 
courage  to  support  it,  for  I  verily  believe  that  no  other 
person  would  have  dared  to  become  my  bondsman.  I 
owe  Mr.  Ewer  the  justice  further  to  say  that  he  has 
done  much  to  advance  the  interests  of  the  Marshpee 
tribe,  by  giving  information  respecting  them  to  the  Le- 
gislative body,  for  which  we  cannot  easily  show  our 
gratitude. 

The  Cotueters  now  waxed  exceedingly  wroth  at 
what  Mr.  Ewer  had  done.  Truth  had  been  shot  into 
their  hearts,  and  if  I  should  say  that  they  bellowed 
like  mad  bulls,  and  spouted  like  whales,  gored  mortally 
by  the  harpoon,  I  do  not  think  the  figure  of  speech 
would  be  too  strong.  Mr.  Crocker,  the  contractor  or 
agent,  for  our  wood,  felt  himself  especially  aggrieved 
that  I  had  gotten  bail,  and  was  let  loose  upon  the  plan- 
tation, to  hinder  him  in  his  business.  His  life,  he 
thought,  would  be  in  danger.  There  was  a  great  deal 
of  loose  talk  and  a  pretty  considerable  uproar. 

While  I  was  waiting  for  Mr.  Ewer,  to  bail  me,  I  had 
some  conversation  with   the  Hon.  J.  J.  Fiske,  who 


39 

expressed  himself  concerned  about  the  Indians,  and 
thought  that  something  ought  to  be  done.  1  said  to 
him  that  my  object  was  to  get  them  righted,  and  allowed 
that  I  might  possibly  have  gone  too  fast  and  far.  In 
this  I  am  now  satisfied  that  I  was  mistaken.  I  believe 
that  neither  I  nor  any  of  my  brethren  went  fast  enough. 
I  think  there  is  no  white  man,  Christian  or  Infidel,  who 
would  have  shown  half  so  much  forbearance  as  we  did 
in  the  hke  circumstances.  Mr.Fiske  said  he  would  do 
all  he  could  for  me,  and  I  have  no  doubt  that  he  did  so. 
It  was  very  proper  in  him  to  endeavor  to  quiet  the 
whites.  The  Indians  were  already  quiet,  and  had  no 
disposition  to  be  otherwise. 

Nevertheless,  it  seemed  to  be  the  common  opinion 
that  the  imprisonment  of  Apes  would  frighten  the  rest 
of  the  tribe,  and  cause  them  to  forego  their  efforts  to 
recover  tlieir  rights.  Had  this  been  the  case,  they 
might  have  carted  a  few  more  good  suppers  and  din- 
ners out  of  our  woods,  and  have  eaten  them  on  their 
town  meeting  days,  for  two  or  three  days  together, 
twice  in  the  year,  and  have  thrown  the  bones  and  crusts 
to  the  poor,  old  and  ignorant,  among  the  natives,  as 
they  had  done,  year  after  year.  The  missionary,  as 
usual,  might  have  helped  them  to  devour  the  spoil,  and 
have  seen  his  flock  degraded  and  abused,  before  his 
eyes.  Much  was  also  said  about  the  pains  that  had 
been  taken  to  educate  the  Marshpees,  and  it  was  aver- 
red, that,  instead  of  going  to  the  schools  opened  for 
tliem,  they  preferred  going  about  the  country  picking 
berries,  and  basket  making.  jMr.  Crocker  said  he  had 
been  at  great  pains  to  induce  the  Indians  to  go  to  school. 
Let  him  who  has  been  prejudiced   against  the  Marsha 


40 

pees,  by  such  argument,  look  at  the  les^islative  act  of 
17S9,  section  5,  for  the  regulation  of  the  plantation, 
prohibiting  the  instruciion  of  the  Marsh  pees,  in  reading 
and  writing,  under  pain  of  death.  Who,  then,  dared 
to  teach  them  ? 

Mr.  Hawley,  the  former  missionary,  spent  fifty  or 
sixty  years  in  Marshpee.  He  is  mentioned  in  the  his- 
tory of  Berkshire  County,  as  a  schoolmaster,  for  the 
Mohawks,  Onedias  and  Tuscaroras,  in  1743,  and 
nothing  more  is  known  of  him,  up  to  his  arrival  in 
Marshpee.  Tlilther  he  came  to  teach,  in  A.  D.  1757, 
and  there  he  staid  till  his  death.  What  his  care  to 
educate  the  tribe  was,  may  be  judged  from  the  facts 
that  he  did  not  teach  one  Indian  to  read  during  his  res- 
idence among  them,  as  I  am  informed  by  those  who 
knew  him.  He  had  probably  imbibed  the  opinion  that 
the  natives  were  incapable  of  being  taught,  and  therefore 
spared  himself  trouble  that  he  thouglit  w^ould  be  of  no 
use.  Nevertheless,  he  was  willing  to  preach  to  them, 
and  had  a  good  portion  of  their  land  set  off  for  his 
support.  Truth  obliges  me  to  say  that  not  one  Indian 
was  converted  during  the  fifty  years  of  his  ministry. 
The  neighbouring  whites  were  the  sole  recipients  of 
the  good  resulting  from  his  labors,  if  there  was  any. 
Speaking  on  this  subject,  the  Rev.  Cotton  Mather 
Smith  says  that  the  arrangements  for  managing  Indian 
schools  were  never  thoroughly  made  ;  admirable  as 
was  the  general  plan,  and  much  as  it  promised.  I 
think  I  may  safely  vouch  for  the  truth  and  honesty  of 
the  reverend  gentleman's  admission. 

Mr.  Fish    succeeded   Mr.   Hawley,  in    1809,  and 
was  confirmed  in  his  office  by  the  authorities  at  Har-. 


41 

vard,  and  the  white  overseers  at  Marshpee.  The  ar- 
rangement was  sanctioned  by  the  General  Court,  in 
1811  ;  contrary  to  law,  as  we  think.  Surely  it 
takes  two  sides  to  naake  a  bargain,  and  the  consent  of 
the  Indians  was  never  asked  or  obtained.  Both  of 
the  divines  mentioned  above  were  willing  to  have  the 
use  of  the  property  of  the  Marshpees  ;  I  fear,  under 
a  mere  pretext  of  doing  them  good  ;  and,  therefore, 
that  they  and  the  overseers  might  have  a  support  from 
the  plantation,  the  owners  were  constantly  proclaimed 
to  be  savages.  I  wonder  what  the  whites  would  say, 
should  the  Indians  take  possession  of  any  part  of  their 
property.  Many  and  many  a  red  man  has  beep 
butchered  for  a  less  wrong  than  the  Marshpees  com- 
plain of. 

Neither  of  the  reverend  gentlemen  set  up  schools, 
and  when  the  Marshpee  children  were  put  out  to  ser- 
vice, it  was  with  the  express  understanding,  as  their 
parents  all  agree,  that  they  should  not  be  schooled. 
Many  of  those  who  held  them  in  servitude,  used  them 
more  like  dogs  than  human  beings,  feeding  them 
scantily,  lodging  them  hard,  and  clothing  them  with  • 
rags.  Such  I  believe  has  always  been  the  case  about 
Indian  reservations.  I  had  a  sister  who  was  slavishly 
used  and  half  starved ;  and  I  have  not  forgotten,  nor 
can  I  ever  forget,  the  abuse  1  received  myself.  To 
keep  Indian  children  from  hearing  the  gospel  preach- 
ed  in  a  land  of  gospel  privileges,  in  order  that  they 
might  do  work  unbefitting  the  Sabbath  at.  home, 
has  been  the  practice,  almost  without  an  exception, 
wherever  I  have  had  opportunity  to  observe.  I  think 
that  the  Indians  ought  to  keep  the  twenty-fifth  of 
4* 


42 

December,*  and  the  fourth  of  July,  as  days  of  fasting 
and  lamentation,  and  dress  themselves,  and  their  houses, 
and  their  catde,  in  mourning  weeds,  and  pray  to 
Heaven  for  deliverance  from  their  oppressions  ;  for 
surely  there  is  no  joy  in  those  days  for  the  man  of 
color. 

Let  the  reader  judge  from  what  has  been  stated, 
what  good  the   Marshpee  Indians'  have  derived  from 
their  two  missionaries,     1  say  boldly,  none  at  all.     On 
the  contrary,  they  have  been  in   the  way  of  the  good 
that  would  have  been  done  by  others.     I  say  also  that 
all  the  religious  advantages  the   Indians  have  enjoy- 
ed, have  come  from  other  ministers,  and  members  of 
other  churches.       I  am  equally  sure  that   the  money 
paid  for  our  use,  from  the  Williams  Fund,  has  been  a 
curse,  and  not  a  blessing  to  us.      Had  some  good 
Christian  minister  come  to  the  tribe  with  half  the  sum, 
there  is  no  doubt  that  God  would  have  made  him  an  in- 
strument to  raise  up  a  respectable  Christian  Society  ; 
whereas  the  fund  has  only  served  to  build  up  the  mis- 
sionaries and  the  whites  about  the  plantation.    I  am  glad 
that  it  has  done  even  this  good  ;  though  it  be  to  our  ene- 
mies ;  for  I  am  not  of  a   spirit  to  envy  the  prosperity 
of  others;    I  rejoice  in  it.     But  I  sincerely  think  it  is 
wrong  in  the  whites  to  take  the  gospel   from  the   In- 
dians, as  they   do  in  Marshpee,  by  occupying  their 
meeting-house,  and   receiving  the  benefit  of  the  mis- 
sionary fund.       I  mean  that  the  people  about  Cotuet 
and  Marshpee  go  to  our  house,  and  fill  it,  to  our  exclu- 
sion, without  any  charge ;  while  the  Indians  are  en- 
forced by  the  laws  which  deprive  them  of  the  u.se  of 
*"  Christmas. 


43 

their  own  lands,  to  pay  a  heavy  tax,  from  which  they 
derive  no  benefit.  Is  not  depriving  them  of  all  meansy 
of  mental  culture  the  worst  of  all  robberies  ?  Can  it 
be  wondered,  that  the  Indians  become  more  and  more 
degraded  ?  I  presume  all  honest  people  will  regret 
that  such, has  been  the  case.  It  will  be  seen  that  both 
the  missionaries  and  their  white  followers,  imbibed  all 
the  prejudices  of  the  day,  and  by  disseminating  them, 
hindered  others  from  doing  us  good.  This  is  no  ex- 
cuse, however,  for  the  government  of  this  Common- 
wealth, whose  duty  it  was  to  see  that  its  red  children 
were  not  abused  in  this  w^ay.  We  greatly  fear  that 
our  white  fathers  did  not  much  care  about  their  color- 
ed children  in  JMarshpce.  At  any  rate,  it  may  be  some 
satisfaction  to  the  philanthropists  in  the  country  to 
know  how  liberal  they  have  been  to  their  poor  de- 
pendants. 

To  begin — the  Indians  owe  nothing  to  the  Com- 
monwealth of  Massachusetts,  or  to  the  inhabitants 
of  New  England  generally,  for  religious  instruction, 
excepting  a  single  appropriation  of  four  hundred  dol- 
lars, made  in  1816  or  1818,  for  repairing  their  Meet- 
ing-house. Four  hundred  dollars  more  were  appro- 
priated in  1831,  fertile  purposes  of  erecting  two  school 
houses  ;  but  not  one  cent  for  a  teacher.^ 

*  By  an  Act  of  the  Legislature  in  April  last,  1S35,  One 
Hundred  Dollars  is  hereafter  to  be  appropriated  annually, 
from  the  School  Fund,  for  the  public  schools  in  Marshpee. 
For  this  liberal  act  the  Marshpees  are  indebted  to  the  repre- 
Bentations  made  to  the  Committee  on  education  by  their 
Counsel,  B.  F.  Hallett,  Esq.  This  is  an  evidence  of  the 
paternal  care  of  the  Legislature.,  for  which  we  can  never  bo 
too  grateful. 


44 

The  way  the  Marshpees  liave  supported  a  school 
hitherto,  has  been  this.  Some  of  them  have  Jived 
abroad  among  the  whites,  and  have  learned  to  read 
and  write,  with  perhaps  some  small  smattering  of 
arithmetic.  On  returning  to  the  tribe,  they  have 
taught  others  what  they  knew  themselves ;  receiving 
pay  from  those  who  had  the  means,  and  teaching  the 
rest  gratuitously.  At  the  same  time  they  have  been 
compelled  to  support  a  preacher  whom  they  did  not 
wish  to  hear,  and  to  pay,  in  one  way  or  other,  to  the 
amount  of  four  hundred  dollars  per  annum  to  white 
officers,  for  doing  them  injury  and  not  good.  Thus 
then,  in  one  hundred  and  forty  years  they  have  paid 
fifty-six  thousand  dollars  to  the  whites,  out  of  their 
own  funds,  in  obedience  to  the  laws  of  the  Common- 
wealth. In  return,  the  whites  have  given  them  one 
thousand  in  labor  and  money.  Truly  the  Common- 
wealth must  make  haste,  or  it  will  hardly  be  able  to 
pay  us  the  interest  of  our  money.  The  principal  we 
never  expect  to  get. 

Thus,  though  it  is  manifest  that  we  have  cost  the 
governmentabsolutely  much  less  than  nothing,  we  have 
been  called  State  paupers,  and  as  such  treated.  Those 
are  strange  paupers  who  maintain  themselves,  and  pay 
large  sums  to  others  into  the  bargain.  Heigho  !  it  is 
a  fine  thing  to  be  an  Indian.  One  might  almost  as 
well  be  a  slave. 

To  return  to  the  proceedings  of  the  court  at  Cotuet : 
When  supper  time  was  past,  the  Cotueter's  were  anx- 
ious to  draw  something  out  of  me,  by  questioning. 
They  said  they  knew  more  about  the  matter  than  I 
did ;  that  I  had  gotten  myself  into  difficulty,  and  that 


45 

Air.  Fish  was  a  good  man,  and  had  gained  tv>-entj 
members  over  to  his  church  in  tweniy-five  years. 
They  might  have  added  that  these  were  infants,  who 
became  meirjbers  merely  by  undergoing  the  rite  of 
baptism.  Perhaps  i!iey  were  very  good  members, 
when  they  grew  up — perhaps  not. 

Mr.  Fish,  alluding  to  the  cnarge  that  but  eight  or 
ten  of  the  Indians  heard  him  preach,  stated,  in  his 
memorial  to  the  Legislature,  that  more  than  twice  ten 
were  upon  his  Sabbath  School  list.  That  might  be 
true;  but  it  was  no  answer  to  the  charge.  There  may 
well  have  been  on  his  list  the  names  of  so  many  per- 
sons, v;ho  attended  neither  his  meeting  nor  his  school. 
Nor  had  he'  denied  the  statements  of  the  Indians  in 
the  least..  1  said  to  the  gentlemen  who  were  rejoicing 
over  my  supposed  dowiifall,  that  1  was  glad  they  had 
taken  me  into  custody,  as  it  would  lead  to  an  investi- 
gation of  the  whole  ground  in  dispute.  Mr.  Ewer 
presently  arrived  ;  his  bail  was  accepted,  and  I  and 
my  friends  returned  home. 

On  the  seventh  of  July,  I  was  again  visited  by  the 
Hon.  J.  J.  Fiske,  who  conversed  freely  with  me  on 
our  religious  affairs.  He  said  it  would  be  better  for 
us  to  turn  Congregationalists,  as  then  we  should  prob- 
ably be  able  to  get  assistance  from  the  fund.  I  repli- 
ed, that  I  cared  little  by  what  name  I  was  called  ;  for 
I  was  no  sectarian,  but  could  unite  in  the  worship  of 
God  with  all  good  Christians.  It  seemed  to  be  the 
opinion  of  the  Hon.  J.  J.  Fiske,  that  k  was  wrong  for 
the  Rev.  Mr.  Fish  to  receive  the  salary  he  did,  with- 
out attending  to  the  concerns  of  the  ludians^ 


.^'. 


46 

On  the  sixth,  the  head  men  of  the  tribe  held  a 
meeting,  and  agreed  to  rescind  the  former  meetings 
until  the  session  of  the  Legislature,  as  the  comn\is- 
sioner  had  fairly  stated  that  whatever  could  be  done  • 
for  us,  would  be  done' by  that  honourable  body.  We 
could  do  no  less  than  accept  a  promise  coming  from  so 
high  an  authority,  and^ await  the  leisure  of  our  father, 
the  Legislature,  though  he  had  neglected  us  and  suffer- 
ed us  to  be  abused.  Who  could  say  but  that  he  would 
uplift  his  voice  and  weep  aloud,  on  hearing  the  story 
of  our  wrongs,  as  Joseph  and  his  brethren,  did  when 
they  recognized  each  other.  And  indeed,  though  our 
tender  parent  proved  a  little  hard-hearted  at  first,  by 
and  by  there  was  a  little  relenting  toward  his  poor 
suffering  babes  of  the  woods,  as  will  be  seen  in  the 
proper  place.  The  following  notice  was  drawn  up 
accordingly  : 

Whereas,  certain  resolutions  have  been  made  by  us,  the 
Marshpee  Indians,  in  reference  to  our  plantation,  we  do  here- 
by solemnly  declare,  upon  the  security  of  the  Governor's 
Counsel,*  that  we  shall  be  righted ;  and  that  there  shall  be  a 
change  of  government,  if  necessary,  and  'that  the  governor 
has  pledged  himself  to  do  right,  and  that  the  property  sold 
for  money  or  otherwise  disposed  of,  shall  be  refunded  to  us 
again,  and  that  justice  shall  be  done.  Now,  in  consideration 
thereof,  we  do  hereby  guaranty  to  our  white  neighbours  that 
they  shall  not  be  molested  in  their  lawful  concerns  upian  our 
plantation,  provided  that  no  white  man  meddles  or  interferes 
in  any  way  whatever  in  our  lawful  affairs ;  and  that  you  may 
understand  that  it  is  so,  we  say  the  resolutions  are  revoked, 
aoad  we  will  wait  with  pleasure  the  sitting  of  the  Legislature. 

Done  by  order  of  the  Marshpee  Tribe,  July  6,  1833. 

DANIEL  AMOS,  President 

ISRAEL  AMOS,  Secretary. 

*  Meaning  Er.voy^ 


47 

Soon  after  this,  the  Commissioner  departed,  and  I 
saw  him  no  more  till  the  sitting  of  the  General  Court. 
About  this  time  our  affairs  got  into  the  public  prints, 
and  it  was  reported  through  the  whole  land  that  there 
were  hostile  movements  among  the  Indians  at  Cape 
Cod,  or  Buzzard's  Bay.  All  the  editors  were  very 
willing  to  speak  on  the  favorite  topic  of  Indian  wrongs ; 
bu;  very  few  of  them  said  any  thing  about  redress. 
On  this  head  they  were  either  silent  or  against  us. 
Here  and  there  was  found  one  liberal  and  independent 
enough  to  speak  in  our  behalf.  Some  of  these  arti- 
cles shall  be  given,  that  it  may  be  seen  who  were  for 
or  against  our  rights  and  privileges.  It  will  be  proper 
to  state  in  the  first  place,  however,  that  from  July  4, 
to  the  silting  of  the  Court  of  Common  Pleas,  in 
September,  there  was  little  disturbance  upon  the  plan- 
tation. We  thought,  from  what  we  heard  among  the 
whites  that  they  were  inclined  to  spare  no  pains  to 
frighten  us ;  but  we  listened  patiently  and  remained 
quiet,  according  to  our  promise. 

In  August,  we  had  a  four-day  meeting,  which  was 
the  means  of  much  good.  Twelve  Indians  were  re- 
deemed from  sin,  and  during  the  eighteen  months  that 
I  have  known  them,  the  power  of  God  has  been  man- 
ifested in  the  conversion  of  some  thirty.  God  forbid 
that  I  should  glorify  myself;  I  only  mention  the  cir- 
cumstance to  show  that  the  Marshpees  are  not  incapa- 
ble of  improvement,  as  their  enemies  would  have  the 
world  suppose.  But,  under  these  circumstances,  is  it 
not  natural  for  the  Indians  to  think  that  their  missiona- 
ries have  cared  less  for  saving  their  souls  than  for  filling 
their  own  pockets,  and  that  their  thousands  have  been 


48 

expended  on  tiiern  to  very  small  purpose  ?  I  do  think 
that  the  result  of  this  meeting  was  in  no  wise  pleas- 
ing to  our  white  enemies. 

At  harvest  time  the  reapers  cut  their  grain  and  car- 
ried it  to  their  granaries.  But  they  were  under  the 
control  of  their  task  masters.  A  dispute  arose.  A 
woman  whose  husband  was  absent,  doing  business  upon 
the  great  waters,  claimed  a  portion  of  the  grain,  while 
the  overseers  maintained  that  it  belonged  to  them. 
She  applied  for  assistance  to  one  of  the  true  proprie- 
tors, who,  in  the  presence  of  five  or  six  men  who  were 
with  the  overseer's  team,  unloaded  it,  and  placed  the 
grain  where  it  ought  to  have  been.  1  was  present  and 
happened  to  smile  at  this  novel  proceeding,  which,  I 
suppose  was  the  cause  of  a  prosecution  that  presently 
took  place  for  trespass.  My  horse  had  bitten  off  five 
or  six  rye  heads  in  a  rye  field,  for  which  enormity  his 
owner  was  obliged  to  pay  ten  dollars,  though  the  actual 
damage  was  not  to  the  vahue  of  six  cents.  I  will  not 
retort  the  petty  malice  which  prompted  this  mean  act 
of  revenge,  by  mentioning  names.  I  now  proceed  to 
mark  out  the  state  of  public  feeling,  by  some  extracts 
from  the  newspapers.  The  following  is  from  the  Nevr 
Bedford  Press,  of  June  1,  1833: 

MARSHPEE  INDIANS. 

The  remnfiiits  of  that  race  of  men  who  once  owned  and 
inhabited  the  forests  and  prairies  of  the  Old  Colony  that  have 
now  given  place  to  large  and  populous  villages  and  the  busy 
hum  of  civilized  man,  are,  it  v/ould  seem,  somewhat  dissat- 
isfied with  the  manner  in  which  they  are  governed  by  the 
State  authority.      Communications  illustrative  of  the  condi- 


49 

tion  of  the  Marshpee  Indians  in  the  County  of  Barnstable, 
have  been  forwarded  to  us  by  the  agent  of  the  tribe,  by  which 
it  appears  that  they  have  been  abused.  Intelligence  from 
other  quarters  comes  fraught  with  bitter  complaint,  and  there 
can  be  no  manner  of  doubt  that  too  ample  room  remains  for 
the  improvement  of  their  condition.  The  communications  at 
hand  advise  the  Indians  to  stand  out  for  their  right  to  appoint 
their  own  overseers,  and  do  all  business  now  especially  done 
by  the  State.  That  they  ought  to  be  allowed  this  privilege, 
{i^  privilege  it  may  be  called,)  there  is  no  question  ;  but  there 
is  a  question,  whether  this  is  the  first  important  step  to  be 
taken.  By  a  list  of  names  which  accompanies  our  advices,  it 
appears  that  very  few  are  able  to  write  their  own  names,  their 
mark  being  affixed  instead ;  and  in,  addition  to  this,  we  are 
informed  that  there  are  many  who  cannot  even  r^ad.  With 
this  view  of  their  condition  the  correct  and  efficient  course  to 
be  pursued  would  seem  to  be  that  of  sending  Education 
Missionaries  among  them,  that  in  contending  for  their  rights, 
of  which  they  say  they  are  deprived,  they  may  be  enabled  to 
act  understandingly. 

This  mny  serve  to  show  that  t[)e  MarsJjijees  had 
loni£  been  dissatisfied  with  their  government,  and  that 
very  many  complaints  had  been  made  ;  wliich  will  be 
illustrated  by  extracts  from  divers  petitions,  in  another 
page.  Tlie  next  refers  to  t'he  Marshpee  trials,  and  is 
sigjied  in^  a^  manner  signifying  that  the  writer  speaks 
advisedly,  and  from  knowledge. 

From  the  Barnstable  Journal  of  July  18,  1833. 

Mr.  Apes  was  arrested  at  the  Marshpee  Plantation  on  the 
4th,  by  order  of  the  Executive,  and  required  to  give  bond  for 
his  good  behaviour. 

Mr.  Apes  now  says,  that  this  statement  is  not  correct ;  that 
the  Governor  has  ordered  no  such  thing,  and  that  he  never 
was  requested  in  all  his  life  to  give  bond  for  his  behavior. 

Much  has  been  said  in  and  out  of  the  papers  about  the  In- 
dians in  Marshpee.  All  that  the  Indians  want  in  Marshpee  is 
5 


50 

to  enjoy  their  rights  without  molestation.  They  have  hurt 
or  harmed  no  one.  They  have  only  been  searching  out 
their  rights,  and  in  so  doing,  exposed  and  uncovered,  have 
thrown  aside  the  mantle  of  deception,  that  honest  men  might 
behold  and  see  for  themselves  their  wrongs.  The  Indiana 
could  spread  columns  before  the  world  which  vvould  cause  the 
hearts  of  good  men  to  be  sad,  and  recoil  at  the  conduct  of 
their  white  brothers.  All  that  Mr.  A.  wishes  is,  that  people 
would  tell  the  truth. 

A  BEHOLDER. 

With  regard  to  this  article,  I  have  to  say  that  it 
speaks  the  truth.  If  an  honest  white  man  could  look 
into  our  private  afiairs  and  know  what  wrongs  we  have 
suffered,  it  would  change  Ijis  complexion  to  a  hue 
redder  than  the  Indian's.  But  the  crimes  committed 
a2;njnst  our  race  cannot  be  enumerated  here  below. 
They  will  each  and  all,  however,  be  judged  at  the 
bar  of  God,  and  il  must  be  the  comfort  of  the  poor 
and  oppressed,  who  cry  for  justice  and  find  it  not, 
that  there  is  one  who  sees  and  knows,  and  will  do 
right.  The  next  is  from  the  Boston  Daily  Advo- 
cate, of  July  12. 

Rev.  Mr.  Apes,  who  has  been  conspicuous  in  the  Marshpee 
nullification,  has,  we  learn,  been  taken  and  committed  to  jail  in 
Barnstable  county ;  upon  what  process,  we  are  hot  informed, 
but  we  trust,  for  the  honor  of  the  State,  that  while  our  mouths 
are  yet  full  of  bitterness  against  Georgian  violence,  upon  the 
Indians,  we  shall  not  imitate  their  example. 

Howti'ue  it  is  that  men  see  tiie  faults  of  others, 
rather  than  their  own.  If  the  good  people  of  Massa- 
chuseits  were  as  ready  to  do  right  as  to  have  the 
Georgians  do   right,  the  Marshpee  Indians  might,  per- 


51 

haps,  send  a  Representative  to  the  Legislature.  1 
hope  the  remark  will  give  no  offence.  The  next  is 
from  the  same  print,  of  July  15,  1833. 

The  Marshpee  affairs,  we  are  gratified  to  learn,  are  more 
quiet  than  they  have  been.  Tlie  Indians  took  forcible  po8ses- 
sion  of  the  Meeting-house  the  other  day,  and  have  retained 
it  ever  since,  but  no  farther  act  has  been  committed  on  their 
part.  They  notified  Mr.  Fish  that  they  had  dismissed  him 
from  their  Parish,  and  also  formally  gave  notice  to  the  over- 
seers that  their  offices  were  at  an  end.  Hon.  J.  J.  Fiske,  of 
the  Executive  Council,  has  visited  the  Indians,  by  request  of 
the  Governor,  and  has,  we  learn,  discharged  the  duty  in  a 
highly  conciliatory  and  discreet  manner.  The  Indians  would 
not  at  first  consent  to  see  him,  but  being  satisfied  of  the  dis- 
position of  the  Executive  to  listen  to  their  grievances,  they 
met  Mr.  Fiske  alone  in  the  Meeting-house,  where,  by  their 
special  request,  the  overseers  also  appeared.  The  Sheriff  of 
the  county,  Hon.  John  Reed,  and  others,  were  also  present. 
About  one  hundred  of  the  Indians  appeared,  many  of  them 
armed  with  guns.  They  were  perfectly  under  the  command 
of  Apes,  but  all  of  them  conducted  with  propriety,  and  seem- 
ed peaceably  disposed.  Mr.  Fiske  heard  their  complaints  for 
one  day.  Their  demands  were  to  have  the  overseers  remov- 
ed, and  the  books  and  funds,  now  in  the  hands  of  the  Treas- 
urer, transferred  to  them  ;  and  in  fact  to  be  lefl  to  the  entire 
management  of  their  afi'airff.  It  was  explained  to  them  that 
the  Governor  had  no  power  to  do  this,  if  he  were  so  disposed. 
That  he  could  only  change  their  overseers,  and  lay  their  com- 
plaints before  the  Legislature,  who  alone  could  alter  the  laws 
now  governing  the  plantation.  To  this.  Apes  would  not 
agree,  insisting  that  they  should  be  relieved  of  the  guardian- 
ship of  the  State,  and  that  the  Governor  could  do  it  at  once. 

He  was  questioned  as  to  his  own  right  to  be  on  the  planta- 
tion, to  which  he  does  not  belong,  and  finding  all  argument 
useless  with  him.  Apes  was  arrested  in  the  assembly,  (where 
he  was  acting  as  moderator,)  upon  a  warrant  for  assault  and 
trespass,  in  unloading  the  teams  of  Mr.  Sampson.      The  In- 


52 

dians  were  perfectly  quiet,  and  Apes  having  been  bound  over 
for  his  appearance  to  take  his  trial,  in  the  sum  of  $200,  he 
was  immediately  bailed  by  Mr.  Ewer,  a  Justice  of  the  Peace, 
and  was  not  committed  to  jail,  as  has  been  represented. 
After  his  arrest,  he  expressed  some  contrition,  and  admitted 
he  had  gone  too  far.  The  ultimate  understanding  appears  to 
be  with  the  Indians,  that  they  will  offer  no  further  resistance, 
but  wait  patiently  for  a  redress  of  grievances,  until  the  meet- 
ing of  the  Legislature,  when  they  confidently  expect  to  have 
their  guardianship  removed.  As  an  evidence  of  their  peacea- 
ble disposition,  "President"  Amos,  at  the  request  of  Mr. 
Fiske,  gave  up  the  key  of  the  Meeting-house,  for  Rev  Mr. 
Fish  to  occupy  the  pulpit,  and  asked  as  a  favor,  that  the  In- 
dians might  occupy  it  half  the  time.  The  result  of  the  mis- 
sion of  i\Ir.  Fiske,  is  therefore  very  favorable,  and  if  a  similar 
course  is  pursued  hereafter,  there  will  be  no  further  difficulty 
with  the  tribe.  They  should  be  treated  with  all  possible 
lenity  and  kindness,  for  the  honor  of  the  Commonwealth. 

The  Indians  would  not  consent  to  see  Mr.  Fiske 
at  first,  because  they  did  not  like  to  meet  their  ene- 
mies off  their  own  ground,  and  I  presume  they  would 
not  have  consented  to  do  so  to  this  day.  As  to  the 
Counsellor's  meeting  us  alone,  it  was  the  especial  di- 
rection of  the  Governor  that  he  should  hear  the  par- 
ties separately,  because,  supposing  the  government  to 
be  oppressive,  it  seemed  to  him  that  the  Indians  would 
be  afraid  to  speak  plainly  in  presence  of  their  masters, 
or  proffer  their  complaints.  The  Indians  wished  to  do 
nothing  in  a  corner ;  but  rather  to  proceed  with  an 
open  and  manly  spirit,  that  should  show  that  they  were 
unjustly  accounted  abject  and  willing  slaves.  As  to  my 
opinion  of  the  powers  of  the  Governor,  1  have  already 
admitted  that  I  was  in  error  ;  for  I  am  not  a  man  skill- 
ed in  legal  subtilitles.       My   reason  for  pressing  our 


53 

claims  so  strongly  was,  to  make  the  way  easy  for  my 
brethren,  till  something  could  be  done  for  them.  The 
Indians  were  requested  to  give  up  th.eir  own  Meeting- 
house to  a  gentleman  who  did  not  come  at  their  re- 
quest, and  to  gather  other  people  into  it  to  suit  his  con- 
venience. The  Indians  asked  for  their  own  house  for 
only  half  the  time,  and  even  this  was  denied  them. 
The  law  not  bearing  out  their  petition,  they  could 
only  obtain  it  by  force,  and,  finding  this  to  be  the  case, 
they  forbore. 

The  question  is,  how  can  a  man  do  good  among  a 
people  who  do  not  respect  him  or  desire  his  presence, 
and  who  refuse  to  hear  him  preach  ?  Yet  Harvard 
College  has  forced  such  an  one  on  the  Marshpees 
against  their  will,  right  or  wrong. 

I  heard  a  white  lady  observe,  that  Mr.  Fish  was  not 
a  preacher  for  every  one;  as  though  he  was  not  fit  to 
preach  to  any  but  us  poor  ignorant  Indians.  Never- 
theless, if  any  people  need  a  talented,  enterprising 
preacher,  we  are  the  very  ones.  Some  may  suppose 
Mr.  Fish  to  be  a  Unitarian.  He  was,  when  he  was 
first  settled  at  Marshpee  ;  but  his  opinions  underwent  a 
change  soon  after,  and  he  became  what  is  commonly 
called  an  orthordox  Congregationalist.  In  order  to  be 
a  good  one,  he  ought  to  make  one  more  change — a 
change  of  inclination,  to  force  himself  on  poor  Indians. 
One  who  has  such  an  inclination  cannot  be  a  good 
member  of  any  sect,  or  an  honor  to  it.  Such  a  per- 
son can  be  no  ornament  to  any  ecclesiastical  body.  I 
would  not  have  it  inferred  from  this  that  a  breath  of 
reproach  is  in  my  mind,  or  in  those  of  my  brethren 
5* 


54 

against  any  denomination  of  Christians.       We  love  all 
who  love  the  Lord  Jesus  in  sincerity. 

1  expressed  no  conlrilion  because  I  thought  I  had 
acted  morally  wrong,  or  had  asked  any  thing  more  than 
was  right ;  but  because  I  had  mistaken  the  /aw,  which 
in  this  case  was  a  very  different  thing  from  justice. 

The  next  article  is  from  the  Barnstable  Journal,  of 
July  25.  It  will  serve  to  show  that  though  the  matter 
had  been  perfectly  explained  to  the  inhabitants  of 
Barnstable  County  ;  yet  it  contained  some  of  our 
worst  enemies  as  well  as  best  friends.  Our  enemies 
were  those  in  office,  and  those  under  their  inliuence. 
The  majority  believed  the  Indians  to  be  wronged,  and 
ought  to  have  had  redress  ;  and  these  were  unable  to 
act  in  our  behalf.  Those  who  did  act  were  either  our 
enemies  or  persons  who  had  no  minds  of  their  own, 
and  were  led  by  them  in  all  they  did.  Many  of  them 
did,  nevertheless,  sym.pathize  with  the  Indians,  and 
pitied  them  wlien  cast  into  prison,  for  all  m.en  can  ap- 
preciate the  blessing  of  liberty. 

MARSMPEE  INDIANS. 
Messrs.  Editors, 

We  observed  iu  one  of  your  late  papers,  some 
editorial  remarks  which  breathed  a  spirit  of  candor  and  good 
will  towards  iis,  and  not  of  ridicule  and  sarcasm,  like  that  of 
your  neighbor,  the  Patriot.  Now  Messrs.  Editors,  as  our  sit- 
uation is  but  little  understood,  and  the  minds  of  the  people 
much  agitated,  we  feel  a  desire  to  lay  before  them  some  of 
the  causes  of  the  late  excitement  We  have  long  been 
under  guardians,  placed  in  authority  over  us,  without  our  hav- 
ing any  voice  in  the  selection,  and,  as  we  believe,  not  consti- 
tutional. Will  the  good  people  of  Massachusetts  revert  back 
to  the  days  of  their  fathers,  when  they  were  under  the  galling 


55 

yoke  of  the  mother  country  ?  when  they  petitioned  the  gov  • 
ernment  for  a  redress  of  grievances,  but  in  vain  ?  At  length 
they  -were  determined  to  try  some  other  method ;  and  when 
some  English  ships  came  to  Boston,  laden  with  tea,  they  mus- 
tered their  forces,  unloaded  and  threw  it  into  the  dock,  and 
thereby  laid  the  foundation  of  their  future  independence, 
although  it  was  in  a  terrible  Avar,  that  your  fathers  sealed 
with  their  blood  a  covenant  made  with  liberty.  And  now  we 
ask  the  good  people  of  Massachusetts,  the  boasted  cradle  of 
mdependence,  whom  we  have  petitioned  for  a  redress  of 
wrongs,  more  grievous  than  what  your  fathers  had  to  bear, 
and  our  petitioning  was  as  fruitless  as  theirs,  and  there  was 
no  other  alternative  but  like  theirs,  to  take  our  stand,  and  as 
we  have  on  our  plantation  but  one  harbor,  and  no  English 
ships  of  tea,  for  a  substitute,  we  unloaded  two  wagons  loaded 
with  our  wood,  without  a  wish  to  injure  the  owners  of  the 
wagonB.  And  now,  good  people  of  Massachusetts,  when  your 
fathers  dared  to  unfurl  the  banners  of  freedom  amidst  the  hos- 
tile fleets  and  armies  of  Great  Britain,  it  was  then  that  Marsh- 
pee  furnished  them  with  some  of  her  bravest  men  to  fight 
your  battles.  Yes,  by  the  side  of  your  fathers  they  fought 
and  bled,  and  now  their  blood  cries  to  you  from  the  ground 
to  restore  that  liberty  so  unjustly  taken  from  us  by  their  sons. 

MARSHPEE. 

The  next  article  is  from  the  Boston  Daily  Advo- 
cate. In  the  editorial  remarks  will  be  discerned  the 
noble  spirit  of  independence  and  love  of  right  which 
are  prominent  characteristics  of  Mr.  Hallett's  charac- 
ter, and  which  induced  him,  throughout  the  controversy, 
to  lend  the  aid  of  bis  columns  to  the  poor  and  oppress- 
ed descendants  of  the  people  who  welcomed  his  fore- 
fathers to  their  shores.  He  is  not  ungrateful  for  the 
kindness  showed  them  in  a  time  so  remote.  I  think  it 
my  duty  to  say  of  him,  that  be  has  been  fruitful  of 
good  works  in  behalf  of  all   the  oppressed.      We  In- 


56 

dians  have  tried  his  integrity  and  have  found  it  sound 
metal.  He  gave  us  the  aid  of  his  extensive  learning 
iind  undeniable  talent,  and  carried  our  cause  be- 
fore the  Legislature  with  no  other  end  in  view  than 
the  good  of  the  Commonwealth  and  of  the  Marshpee 
tribe,  and  a  strong  desire  to  wipe  from  the  character 
of  his  native  State  the  foul  blot  of  our  continued 
wrongs.  He  never  asked  where  his  pay  was  to  come 
from  ;  but  exposed  the  iniquities  which  had  been  trans- 
acted in  the  affairs  of  the  Marshpee  people,  without 
hesitation,  fear  or  favor,  a  course  he  has  steadily  pur- 
sued to  this  day.  We  acknowledge  his  doings  as 
acts  of  pure  benevolence  toward  us,  and  we  say  that 
the  sons  of  the  pilgrim  fathers  may  well  be  proud  of 
such  a  brother.  Had  others  been  only  a  little  like 
him, -^ve  should  have  had  no  reason  to  complain;  and 
■we  recommend  him  as  an  example,  to  all  w^ho  may 
hereafter  have  dealings  with  Indians.  Let  them  do  as 
he  has  done,  and  ihey  will  be  honored  as  he  is.  To 
be  sure,  it  is  no  great  matter  to  be  loved  and  honored 
by  poor  Indians  ;  but  the  good  will  of  even  a  dog  is 
better  than  his  ill  will.  The  rich  man  fared  sumpfu- 
ously  every  day,  while  the  poor  one  was  lying  at  his 
gate,  feeding  on  the  crumbs  that  fell  from  his  table, 
and  the  dogs  only  had  compassion  on  him.  They 
both  died  ;  and  w^e  read  that  God  sent  a  convoy  of 
angels  to  bring  the  poor  man  safe  home.  The  rich 
man  doubtless  had  a  splendid  funeral ;  but  we  do  not 
hear  that  he  had  any  favor  from  his  Maker.  O,  ye 
who  despise  Indians,  merely  because  they  are  poor, 
ignorant,  and  copper-colored  ;  do  you  not  think  that 
God  will  have  respect  unto  them  ? 


57 

THE  MARSHPEE  INDIANS. 

We  have  received  a  genuine  communication  from  one  of 
the  Marshpee  Indians,  and  as  we  verily  believe  that  trjbe  is 
in  many  respects  wronged  by  the  whites,  and  neglected  by 
their  legal  guardians,  the  Legislature,  we  are  desirous  of  giv- 
ing them  a  hearing,  that  justice  may  be  done  them,  if  it  be  a 
possible  matter  to  get  such  a  thing  as  justice  and  good  faith 
from  white  men  tov/ard  Indians.  Undoubtedly  some  of  their 
supposed  grievances  are  imaginary  and  much  exaggerated, 
but  others  are  real,  and  tend  greatly  to  depress  them.  We 
have  had  an  overflow  of  sensibility  in  this  quarter  toward  the 
Cherokees,  and  there  is  now  an  opportunity  of  showing  to  the 
world  whether  the  people  of  Massachusetts  can  exercise 
more  justice  and  less  cupidity  toward  their  own  Indians  than 
the  Georgians  have  toward  the  Cherokees.  V»'e  earnestly  ex- 
hort the  Marshpeeians  to  abstain  from  all  acts  of  violence, 
and  to  rely  with  full  confidence  upon  the  next  Legislature  for 
redress.  That  body  has  heretofore  treated  their  claims  too 
lightly,  but  there  is  a  growing  disposition  to  hear  and  relieve 
their  grievances.  A  memorial  from  the  tribe,  setting  forth 
the  wrongs  of  which  they  complain,  would  unquestionably 
receive  prompt  attention.  The  laws  by  Avhich  they  are  ex- 
posed to  the  cupidity  of  their  white  neighbors,  are  extremely 
defective,  and  require  a  thorough  reform.  Our  correspondent, 
who  we  believe  speaks  the  sentiments  of  the  tribe,  shall  be 
heard  for  himself,  and  we  hold  our  columns  free  to  publish 
any  facta,  on  either  side  of  this  question,  which  may  be  offer- 
ed to  the  public. 

"Marshpee,  Aug.  5,  1833. 
Mr.  Hallett, 

Dear  Sir — With  regret  I  say  that  your  white 

brethren  still  think  it  a  privilege  to  impose  upon  us  here.  The 
men  upon  our  plantation  were  gathering  their  hay  harvest, 
and  the  poor  women  whose  husbands  were  at  sea,  who  had 
let  out  their  land,  confidently  expected  to  have  their  share, 
but  it  was  taken  from  them  by  unjust  men,  and  not  so  much 
as  a  spear^of  it  left  to  sustain  them,  or  even  the  promise  of 
help  or  aid  in  any  way ;  it  was  not  taken  for  debt  and  no  ohq 


58 

knows  for  what.  The  overseers  liave  now  become  displeas- 
ed, and  choose  at  this  time  to  use  their  great  power.  I  hope 
we  shall  not  have  to  call  upon  the  State  to  protect  us,  but  if 
we  are  imposed  upon  in  this  manner,  we  believe  we  shall. 
And  while  we  are  willing  to  be  still  and  peaceable,  we  think 
that  those  of  our  white  friends,  with  the  light  they  possess, 
ought  to  show  as  much  of  the  spirit  of  kindaess  as  poor  igno- 
rant Indians.  The  Legislature  has  bound  the  poor  Indians 
as  they  have.  The  Indians  would  propose  one  thing.  We 
have  some  white  men  her:e  who  will  smuggle  rum,  and  sell  it 
to  the  Indians,  and  as  they  have  no  license,  they  ought  to  be 
stopped.  We  are  happy  to  say  that  many  of  our  Indians  are 
temperate,  but  we  wish  them  all  to  be,  and  we  want  some 
way  to  have  a  stop  put  to  these  things,  for  these  white  men 
are  ten  times  worse  than  any  of  the  Indians.  I  might  name 
a  Fuller,  a  Chadwick,  and  a  Richardson ;  we  really  wish  that 
the  honorable  Legislature  would  place  guardians  over  them, 
to  keep  them  from  wasting  our  property  in  this  way.  While 
I  was  absent,  there  was  a  man  that  sued  me  for  trespass,  and 
tried  the  case  without  my  information.  What  kind  of  law  is 
this  ?  I  had  the  liberty  of  baiting  my  horse  in  a  field.  A 
man  had  rye  in  a  field  he  did  not  hire,  but  took  it  upon  shares. 
My  horse  got  in  his  rye,  but  six  cents  would  pay  all  the  dam- 
age. But  the  action  is  not  damage,  but  trespass,  and  that 
done  unknown  to  me. 

It  is  impossible  to  give  you  the  details  of  wrongs  imposed 
upon  the  Indians.  We  are  to  be  accused  by  our  enemies, 
tried  by  them,  and  condemned  by  them.  We  can  get  redress 
no  where,  unless  we  trouble  the  government  all  the  while, 
and  that  we  are  delicate  to  do. 

-     Now  we  believe  that  some  of  these  things  published  abroad 
would  do  good,  and  we  should  have  more  peace. 

Yours,  most  obediently." 

We  have  received  another  communication  from  Marshpee, 
upon  the  same  subject. 

"Having  seen  several  articles  in  your  paper, relating  to  the 
Marshpee  tribe,  we  perceive  that  your  paper  is  free,  not  muz- 
zled.    Marshpee  Indians  ^eak  for  themselves.     It  is  not  to 


59 

be  doubted  but  that  the  public  would  like  to  hear  the  Indians 
speak  for  themselves.  It  has  been  represented  that  the  In- 
dians were  troublesome,  and  war-like  nfovements  were  among 
us.  If  to  make  an  inquiry  into  our  rights  by  us,  is  war-like, 
so  it  is.  Otherwise  than  this  we  know  nothing  about  it,  and 
we  know  of  none  that  has  a  disposition  to  shed  blood.  It  is 
true  that  the  day  the  Hon.  J.  J.  Fiske,  of  the  Governor's 
Council,  was  present  with  us,  in  a  council  at  the  meeting- 
house, the  Indians,  three  in  number,  were  out  in  the  morning, 
hunting  deer,  and  when  they  came  to  the  meeting-house,  they 
had  their  business  to  attend  to,  and  could  not  conveniently  go 
four  or  five  miles  to  put  up  their  muskets,  neither  did  we  see 
the  propriety  of  their  so  doing.  We  believe  that  a  just  man 
would  not  have  trembled  at  an  old  rusty  musket. 

We  are  hard  to  believe,  that  any  people,  served  as  we  have 
been  here,  would  more  kindly  submit  to  it,  than  we  have. 
We  think  now  we  have  submitted  long  enough,  and  we 
thought  it  no  crime  to  look,  or  ask  after  our  rights.  But  we 
found  our  white  neighbors  had  thrown  their  chains  of  interest 
around  our  principal  stock,  so  much  so  that  we  began  to  think 
they  soon  would  drag  both  interest  and  principal  all  away. 
And  no  wonder  they  began  to  cry  out,  when  they  saw  that 
the  Indians'  were  likely  to  unhook  their  chains,  and  break 
their  hold.  We  believe  white  men  had  more  war  in  their 
hearts  than  any  of  the  Indians. 

We  are  willing  to  hint  a  few  things.  We  thought  white 
men  would  do  well,  that  they  were  trusty.  We  doubt  not 
but  what  they  be  among  themselves  ;  but  we  scarcely  believe 
that  they  care  much  for  the  poor  Indians,  any  further  than 
what  they  can  get  out  of  them.  It  is  true  we  have  land  in 
Marshpee.  We  can  stay  upon  it ;  but  we  have  had  to  pay 
one  dollar  per  cord,  to  the  overseers,  for  our  own  wood,  and 
take  it  or  earry  it  just  where  these  men  said.  Our  meadowg 
were  taken  from  us  and  rented  out  to  white  people,  our  pas- 
tures also.  About  twelve  hundred  cords  of  our  wood  has 
been  cut  the  last  year,  and  we  judge  the  minister  has  cut  one 
hundred  and  fifty  cords  for  his  share.  And  in  a  word,  they 
did  as  they  pleased.     The  poor  could  get  a  pound  of  meat, 


60 

or  a  half  peck  of  corn,  and  one  quart  of  molasses  for  two 
weeks.  Much  might  be  said,  but^we  forbear.  It  is  true  that 
we  have  had  a  preacher,  but  we  do  not  believe  that  he  cares 
any  thing  about  us.  Neither  had  we  any  hand  in  his  settle- 
ment over  us.  To  be  sure,  he  likes  to  stay  with  us,  but  we 
think  it  is  because  he  gets  so  much  good  pay.  But  five  or 
six  adult  persons  attend  his  preaching,  there  being  not  otu 
Indian  male  belonging  to- his  church.  This  gentleman  has 
cut  much  wood,  to  the  dissatisfaction  of  the  Indians  ;  and  it  is 
true  they  have  passed  resolutions  that  they  will  not  hear  him 
preach.     Yet  he  wants  to  stay  with  us. 

Interest  men  tremble  and  threaten,  but  we  fear  not,  and 
sincerely  hope  they  will  soon  tremble  before  God,  and  pre- 
pare to  meet  their  Judge,  who  will  do  right,  and  who  will 
have  no  regard  for  skins  or  color. 

THINK  OF  THE  INDIANS. 

We  turn  from  this  judicious  and  liberal  article^  to 
one  that  is  less  favorable.  It  is  from  the  Barnstable 
Journal,  of  August  22,  1833. 

THE  INDIANS. 

We  learn  from  South  Sandwich  that  the  Indians,  consti- 
tuting the  Marshpee  tribe,  intend  to  petition  at  the  sitting  of 
the  next  Legislature,  for  a  redress  of  grievances,  and  a  re- 
vision of  the  code  of  laws  by  which  they  are  governed.  The 
recent  revolt  among  them,  and  the  measures  adopted  to  make 
known  their  situation  and  treatment,  by.  fhemselves,  and  by 
those  who  have  avowed  their  friendship  toward  them,  (its 
validity  time  will  determine,)  gave  rise  to  considerable  ex- 
citement. An  inquiry  into  the  state  of  affairs  was  instituted, 
which  terminated,  as  far  as  we  have  been  able  to  learn,  to 
the  satisfaction  of  those  employed  in  the  investigation,  that 
some  of  the  evils  under  which  they  are  labouring  are  real,  and 
rendered  so  by  the  laws  of  the  Commonwealth,  but  many 
)maginary.  We  do  not  doubt  that  the  state  of  society  among 
them  is  low  and  degraded,  comparatively  speaking,  but  what 


61 

contributes  to  keep  them  in  this  situation  we  are  unable  to 
B.iy,  unless  it  be,  that  the  plantation  has  been  a  resort  of  the 
vagrant,  the  indolent,  and  those  whom  refined  society  would 
not  allow  among  them.  If  this  is  the  case,  and  we  believe 
it  has  been,  something  should  be  done,  either  among-  the  In- 
dians, or  by  the  Legislature,  to  remedy  the  evil.  We  have 
understood  also,  that  certain  individuals,  located  contiguous 
to  the  plantation,  retail  ardent  spirits  to  them  in  quantities  aa 
large  as  they  are  able  to  pay  for.  If  this  be  the  fact,  such 
men  should  be  ferreted  out,  and  in  justice  to  the  Indians,  to 
tlie  community  about  them,  and  to  the  laws  of  the  land,  they 
should  be  made  to  suiier,  by  being  exhibited  to  public  de- 
rision, and  by  the  penalty  of  the  act  prohibiting  the  retail  of 
spirits.  If  they  have  not  the  power,  and  no  one  feels  willing 
to  go  forward  in  shutting  up  these  poisonous  springs,  give 
them  the  power,  and  if  they  do  not  exercise  it,  let  them 
*juffer. 

Mr,  Apes  is  among  them,  and  attended  the  '-Four  Days 
Meeting,"  held  during  the  present  month,  which  we  are  told 
was  managed  with  good  order  and  regularity. 

The  writer  here  says  ihat  the  Indians  a.e  vile  and 
degraded  ;  and  iidmits  ihat  they  can  be  improved. 
lie  gives  no  explanation  of  tlie  causes  of  their  degra- 
dation. If  the  reader  will  take  the  trouble  to  examine 
lije  laws  regarding  the  Marshpees,  he  wlil  see  those 
causes  of  the  inevitable  and  melancholy  effect,  and,  I 
am  sure,  will  come  to  tiie  conclusion  that  any  people 
living  under  them  must  necessarily  be  degraded.  The 
Journal,  however,  does  us  the  small  justice  to  admit, 
that  we  are  not  so  degraded  but  that  we  can  hold  a 
meeting  of  four  days  duration,  with  propriety  and 
moderation.  What,  then,  might  we  not  do,  were 
proper  pains  taken  to  educate  us. 
6 


62 

The  next  two  extracts  are  from  the  Boston  Advo- 
cate of  September  10  and  11,  1833. 

THE  MARSHPEE  INDIANS. 

We  are  mortified  for  the  honor  of  the  State,  to  learn  from 
Barnstable  County,  that  the  Court  of  Common  Pleas  and 
Sessions  there,  (Judge  Cummins,)  have  tried  and  convicted 
William  Apes  and  six  Indians  of  the  Marshpee  tribe,  upon 
charges  connected  with  the  efforts  of  the  Indians  to  obtain 
justice  from  their  white  masters.  Apes  is  very  popular  with 
the  Indians,  and  this  persecution  of  him,  which  at  least  was 
unnecessary,  will  inflame  them  the  more. 

The  papers  say  the  conviction  was  for  riot.  This  cannot 
be,  for  there  was  no  riot,  and  no  riot  act  read.  Apes  and  his 
associates  prevented  a  man  from  carrying  wood  off  the  plan- 
tation. They  were,  perhaps,  wrong  in  doing  so,  but  the  law 
which  takes  this  wood  from  the  Indian  proprietors,  is  as  un- 
just and  unconstitutional  as  the  Georgia  laws,  that  take  the  gold 
mines  from  the  Cherokees.  Could  the  question  of  property 
have  been  tried,  the  act  of  stopping  their  own  wood,  by  the 
Indians,  cduld  not  have  been  made  even  trespass,  much  less 
riot.  It  is  said  that  Apes  and  the  rest  were  indicted  under 
eome  obsolete  law,  making  it  a  misdemeanor  to  conspire 
kgainst  the  laws.  We  have  looked  for  such  an  act,  but  can- 
not find  it  in  the  Statute  Book. 

At  any  rate,  law  or  no  law,  the  Indians  were  indicted  and 
convicted.  They  were  tried  by  their  opponents,  and  it  would 
be  impossible  to  get  justice  done  them  in  Barnstable  County. 
An  impartial  jnry  could  not  be  found  there.  It  is  the  interest 
of  too  many  to  keep  the  Indians  degraded.  We  think  the 
conviction  of  these  Indians  is  an  act  of  cruelty  and  oppres- 
sion, disgraceful  to  the  Commonwealth.  The  Marsh  pee  In- 
dians are  wronged  and' oppressed  by  our  laws,  nearly  as  much 
as  ever  the  Cherokees  were  by  the  Georgians.  But  it  is  use- 
less to  call  for  the  exercise  of  philanthropy  at  hone.  It  is  all 
expended  abroad. 


63 

An  attempt  was  made  to  indict  some  of  the  white  harpies, 
who  are  selling  rum  to  the  Indians,  without  license.  Those 
men  got  clear,  and  are  still  suffered  to  prey  on  the  poor  In- 
dians ;  but  to  stop  a  load  of  wood,  which  in  reality  belonged 
to  the  Indians  themselves,  was  an  outrage  which  the  Court 
were  ready  enough  to  punish  !  Is  it  creditable  to  let  the 
white  spiders  break  through  the  laws,  while  we  catch  and 
crush  the  poor  Indian  flies  ? 

THE  INDIANS. 

William  Apes  and  the  Marshpee  Indians,  who  were  tried 
before  the  Court  of  Common  Pleas,  in  Barnstable  County, 
were  ably  defended  by  Mr.  Sumner,  of  this  city.  Apes  was 
sentenced  by  Judge  Cummings,  to  thirty  days  imprisonment 
in  the  common  jail.  One  other  was  sentenced  to  ten  day^ 
imprisonment,  and  the  rest  were  net  tried.  When  the  sen- 
tence was  pronounced,  several  Indians  who  were  present, 
gave  indications  of  strong  excitement  at  what  they  conceire 
to  be  a  tyrannical  persecution.  It  is  much  to  be  feared,  that 
this  unnecessary  and  apparently  vindictive  course,  pursued 
by  the  overseers  and  their  friends,  after  the  Indians  had 
become,  quiet,  and  resolved  to  wait  patiently  for  redress  from 
the  Legislature,  will  inflame  them  to  acts  of  violence,  and 
give  the  whites,  who  wish  to  oppress  them,  further  advanta- 
ges over  them. 

We  have  visited  the  greater  part  of  the  tribe  recently,  in 
their  own  dwellings,  and  we  know  how  strongly  and  unani- 
mously they  feel  upon  the  subject  of  what  they  really  believe 
to  be,  their  slavery  to  the  overseers.  If,  therefore,  the  course 
we  have  pursued,  and  mean  to  pursue,  in  laying  their  claims 
to  justice  before  the  public,  entitles  us  to  be  listened  to  as  a 
friend,  we  beg  them  to  abstain  from  all  acts  which  violate 
even  the  unjust  and  hard  laws  by  which  they  are  now  held 
in  bondage.  Resistance  will  furnish  their  enemies  with  the 
strongest  weapons  against  them,  and  discourage  their  friends. 
Let  them  endure  patiently,  till  the  next  Legislature  meets, 
and  if  there  is  any  virtue  or  honesty  in  our  public  men,  the 
rights  of  the  Marshpee  Indians  will  be  secured. 


04 

In  our  last  article  we  said  that  it  was  impossible  for  the 
Indiana  to  have  an  impartial  jury  in  Barnsthble.  We  did  not 
mean  that  this  arose  from  all  tlie  whites  being  opposed  to  the 
Indians.  They  have  many  friends  in  Barnstable  County,  who 
think  them  deeply  injured,  and  who  have  no  interest  in  keep- 
ing them  degraded,  in  order  to  enjoy  the  privileges  which 
too  many  whites  now  have,  at  the  expense  of  the  tribe.  We 
alluded  to  the  influences  that  would  be  used  upon  the  jury,  as 
in  the  case  of  Apes,  where  we  learn,  that  three  individuals, 
favorable  to  the  Indians,  but  having  formed  no  opinion  in  that 
case,  were  excluded  from  the  regular  jury.  One  of  them 
wss  set  aside,  for  saying  he  thought  the  Indians  ought  to 
be  free.  We  are  still  at  a  loss  to  know  under  what  law 
these  Indians  were  found  guilty  of  riot,  in  preventing  their 
own  wood  from  being  carried  off  their  own  land.  Where 
are  all  our  Cherokee  philanthropists,  at'  this  time  ? 

The  inju3ti(.'e  of  the  proceedings  of  the  Biirnstablo 
Court  of  Common  Pleas  and  Sessions,  is  here  fitly- 
exposed.  In  empanelling  the  jury,  it  is  certain  that 
no  name  of  one  favorably  inclined  toward  the  Indians 
was  selected,  and  there  are  many  who  do  not  scruple 
to  say,  that  it  was  the  determination  of  the  Court  to 
condemn  them,  right  or  wrong.  Nevertheless,  it  ap- 
peared from  the  evidence  brought,  that  no  fear  or  alarm 
whatever  had  been  occasioned  to  the  complainants; 
and  that  all  they  had  to  complain  of  was  having  been 
hindered  from  taking  away  the  Marshpees'  wood. 

It  may  not  be  amiss  to  say  here,  that  when  the  hon- 
orable Judge  Srild  he  thought  if  uould  be  well  to  post- 
pone the  case  till  the  next  session,  the  District  Attor- 
ney, Mr.  Warren,  replied  that  i)e  did  not  think  it 
would  bo  proper,  because  such  a  course  would  involve 
the  Commonwealth  in  extra  expense.  I  should  like 
to  ask  u'hat  tliunks  are  due  to  the  learned  genilemaa 


65 

from  the  Commonwealth,  for  subjecting  it  to  continued 
reproach  and  disgrace  for  the  sake  of  a  few  dollars. 
Or,  can  it  be  that  there  is  no  disgrace  in  persisting  in 
wrong  toward  Indians  ?  Let  those  who  think  so,  think 
so  still  ;  but  there  are  many  who  think  otherwise,  and 
there  is  one  above  who  knows  that  they  think  rightly. 

When  the  witnesses  and  the  pleadings  had  been 
heard,  the  jury  retired,  for  the  sake  of  decency,  and 
presently  returned  with  a  verdict  of  guilty,  1  thought 
that  his  Honor  appeared  to  be  pleased  with  it.  The 
judgment  was  suspended  about  two  hours,  when  the 
Court  again  sat,  and  the  mailer  was  called  up.  There 
was  not  a  little  said  concerning  the  case.  Messrs. 
Reed,  Sumner,  Holmes  and  Nye,  of  Yarmouth,  Bos- 
ton, Rochester,  and  Sandwich,  all  professional  men, 
were  opposed  to  the  course  pursued  by  the  Court,  and 
thought  that  an  exposition  of  the  law  to  us  and  repri- 
mand would  be  productive  of  a  betteff  effect,  than  im- 
prisonment, or  other  severe  punishment^  which  they 
jusdy  believed  would  do  no  good  whatever.  Their 
judgment  has  since  been  confirmed  by  public  opinion, 
and  by  the  acts  of  the  Legislature. 

Since  this  affair  took  place,  I  have  been  kindly  in- 
formed by  a  gentleman  of  Barnstable,  that  my  punish- 
ment was  not  half  severe  enough.  I  replied  that,  in 
my  mind,  it  was  no  punishment  at  all ;  and  I  am  ye: 
to  learn  what  punishment  can  dismay  a  man  conscious 
of  his  own  innocence.  Lightning,  tempest  and  battle, 
wreck,  pain,  buffeting  and  torture  jjave  small  terror  to 
ji-  pure  conscience.  The  body  they  may  afflict,  but 
the  mind  is  beyond  their  power, 
6* 


06 

The  gentleman  above  mentioned,  and  one  other, 
have  freqiienlly  said  lo  tlie  Marshpees,  "  If  you  will 
only  get  rid  of  Apes,  and  drive  him  off  the  plantation, 
we  will  be  your  friends.  This  has  been  their  contin- 
«ed  cry  since  1  began  to  use  my  poor  endeavors  to 
get  the  Indians  righted  ;  and  if  it  is  not  now  univer- 
sally believed  that  it  is  impossible  to  benefit  and  be- 
friend the  Indians  while  I  am  among  them,  it  is  not 
because  they  have  spared  any  p:iins  to  propagate  the 
doctrine.  One  would  think,  to  hear  these  gendemen 
talk,  that  they  have  a  strong  desire  to  benefit  the 
Marshpees  ;  and  the  question  naturally  arises,  what 
steps  they  would  take  to  this  end,  if  they  had  the 
j?ower.  If  we  are  to  judge  of  the  future  by  expe- 
rience of  the  past,  we  niiiy  reasonably  suppose 
that  they  would  profit  the  tribe,  by  getting  posses- 
sion of  their  property,  and  making  their  own  advan- 
tage of  it. 

The  Taunton  Gazette  found  fault  with  the  govern- 
n.ent  of  the  Commonwealth,  for  having  placed  the 
I^Iarshpees  under  its  laws  contrary  to  their  wish  and 
consent,  and  denies  its  right  so  to  do.  Tiiis  may  be 
considered  as  in  some  des^ree  indicative  of  the  feelins; 
of  the  rp )  i  people  of  Taunton  ;  and  there  are  many 
other  towns  in  Massachusetts  wliere  a  kindly  feeliiig  is 
enterfained  f>r  our  persecuted  race.  We  believe  the 
wish  to  relieve  us  from  bondage  is  general  throughout 
ihe  State,  ai.d  we  earnestly  hope  that  a  few  designing 
men  will  not  be  able  to  accomplish  their  selfish  ends, 
tfontrary  to  t'ne  uili  of  a  majority  of  the  people. 

The  next  article  is  from  the  Boston  Advocate,  of 
December  4,    1833. 


67 

TEMPERANCE  AMONG  THE  INDIANS  AT  MAKSHPEEL 
The  Indians  met  upon  the  11th  of  October  to  take  into 
consideration  the  cause  of  temperance,  and  to  investigate 
the  evils  that  King-  Alcohol  has  practised  upon  us,  by  infusing 
into  our  heads  fancied  riches,  fame,  honor,  and  grandeur, 
making  us  the  sovereigns  of  the  whole  earth.  But  having 
been  so  often  deceived,  beat,  abused  and  tyranized  over,  and 
withal  cheated,  and  robbed,  and  defrauded  by  this  tyrant,  and 
to  cap  the  climax,  almost  deprived  of  our  senses,  burnt  and 
nearly  frozen  to  death,  and  all  our  expectations  cut  off  as  to 
the  comforts  of  life,  it  was  agreed  upon,  (after  an  appropriate 
address  from  the  Rev.  William  Apes,  setting  forth  the  evils 
of  intemperance  and  its  awful  effects  in  wasting  away  our 
race,  like  the  early  dew,  before  the  morning  sun,)  by  our  most 
influential  people  to  attack  this  mighty  champion,  and  if  po&- 
sible,  overcome  him,  and  shut  him  up  in  prison,  and  set  a  seal 
upon  him,  that  he  shall  deceive  our  nation  no  more.  Accord- 
ingly a  Temperance  Society  was  formed,  and  the  following 
officers  were  elected  :  Rev.  William  Apes,  President ;  Rev. 
Joseph  Amos,  Vice  President ;  Dea.  I.  Coombs,  and  Thomas 
Hush,  Recording  Secretaries  ;  Dea.  C.  Hinson,  Correspond- 
ing Secretary  ;  Executive  Committee,  Oakes  Coombs,  Joseph 
Tobey,  Frank  Hicks.  Forty-two  of  the  tribe  united  in  the 
pledge  of  Temperance. 

Nov.  14.  We  met  again,  and  the  President  again  address- 
ed the  meeting,  much  to  the  satisfaction  of  the  people.  After 
which  many  others  gave  spirited  addresses,  setting  forth  th« 
evils  of  intemperance,  in  a  most  pathetic  manner.  It  has 
caused  a  wonderful  effect,  and  our  brethren  are  enlisting  to 
take  hold  and  shut  up  our  great  enemy  in  prison,  and  choks 
him  to  death  by  total  abstinence.  Friends  of  Temperance 
help. 

The  Society  passed  the  following  resolutions  : 
Resolved,  That  we  will  not  countenance  the  use  of  ardent 
spirits  among  us,  in  any  way  whatever ;  and  that  we  will  do 
all  in  our  power  to  suppress  it.^  That  we  will  not  buy  it  our- 
selves, nor  suffer  it  to  be  in  our  houses,  unless  ordered  by  a 
physician. 


6S 

Resolved^  That  this  Society  shall  meet  monthly,  to  regulate 
itself,  and  if  any  one  is  found  to  break  their  pledge,  the  same 
shall  be  excluded,  without  speedy  repentance. 

f^'oted,  That  the  above  be  printed.  Sixty-one  i@  found 
wpon  our  list. 

CHRISTOPHER  HINSON,  Cor.  Sec'y. 

MarshpeCy  J^Tov.  15, 

It  appears  from  this  that  Indians  can  be  temperate, 
and  have  a  disposition  and  desire  to  benefit  themselves. 
It  shows,  too,  that  they  are  capable  of  organizing 
societies,  and  taking  care  of  their  own  concerns,  as 
well,  to  say  the  least,  as  any  equal  number  of  persons  in 
the  Commonwealth  j  for  they  certainly  feel  more 
strongly  interested  for  themselves  than  others  can  be 
for  them. 

It  will  be  seen  that  little  was  done  concerning  our 
tribe,  from  the  session  of  the  Court  at  Barnstable  up  to 
the  meeting  of  the  Legislature,  though  the  opposition 
to  us  had  wealth,  talent  and  power  in  its  ranks.  Cler- 
gymen, lawyers,  physicians,  counsellors,  Governor, 
ranators,  and  re[)resentatives  were  arrayed  against  us ; 
and  we  Marshpees  account  all  who  opposed  our  free- 
dom, as  tories,  hostile  to  the  constitution,  and  the  lib- 
erties of  the  country.  This  is  oup  sincere  opinion  of 
them,  and  it  is  to  us  a  thing  inexplicable  that  his  Excel- 
lency, the  then  Governor,  should  have  seen  fit  to  place 
himself  at  their  head.*  We  desire  to  thank  our  Maker 
that  they  found  themselves  in  the  minority  of  the  peo- 
ple, and  fell  in  the  esteem  of  Christian  and  benevolent 

•His  Excellency  LeVi  Lincoln,  who  proposed  to  raise  a 
regiment  to  exterminate  oar  tribe,  if  we  did  not  submit  to 
ihe  Overseers. 


69 

persons  who  lieard  of  their  conduct.  VV'e  thank  the 
majority  of  the  controllers  of  piiblic  affairs,  that  they 
had  more  sense  tlian  to  think  of  holding  the  rightful 
lords  of  the  soil  in  bondage  any  longer,  Hir  the  gratifi- 
cation of  selfish  and  unjust  men.  Honorable  is  it  to 
?»la*sachuseits  that  there  are  enough  good  and  upright 
men  in  autliority,  to  counteract  the  measures  of  those 
Ctt  a  diiierenl  character,  and  remedy  the  evils  they 
may  occasi<)n. 

I  shall  now  proceed  to  present  to  my  brethren,  an 
Indian's  appeal  to  them,  and  the  laws  framed  by  the 
I^esislalure  for  the  oppression  and  moral  and  political 
destruciion  of  the  Marshpees  in  by-gone  days.  ]My 
comnients  tliereupon  will  be  omitted,  because,  sliould 
I  say  all  the  subject  suggests,  it  would  swell  my  book 
to  a  bulk  that  would  be  wearisome  to  the  reader. 

AN  INDIAN'S  APPEAL  TO  THE  WHITE  MEN  OF 
MASSACHUSETTS. 
As  our  brethren,  the  white  men  of  Massachusetts,  have  re- 
cently manifested  much  sympathy  for  the  red  men  of  the 
Cherokee  nation,  who  have  suffered  much  from  their  white 
brethren ;  as  it  is  contended  in  this  State,  that  our  red  breth- 
ren, the  Cherokees,  should  be  an  independent  people,  having 
the  privileg-es  of  the  white  men  ;  we,  the  red  men  of  the 
Marshpee  tribe,  consider  it  a  favorable  time  to  speak.  We 
are  not  free.  We  wish  to  be  so,  as  much  as  the  red  men  of 
Georgia.  How  will  the  white  man  of  Massachusetts  ask 
favor  for  the  red  men  of  the  South,  while  the  poor  Marsiipee 
red  men,  his  near  neighbors,  sigh  in  bondage  ?  Will  not  your 
white  brothers  of  Georgia  tell  you  to  look  at  home,  and  clear 
your  own  borders  of  oppression,  before  you  trouble  thera  ? 
Will  you  think  of  this  ?  What  would  be  benevolence  in 
Georgia,  the  red  man  thinks  would  be  so  in  Massachusetts. 
You  plead  for  the  Cherokees,  will  you  not  r^ise  your  voi<;« 


70 

for  the  red  man  of  Marshpee  ?  Our  overseers  are  not  kind  ; 
they  speak,  you  hear  them.  When  we  speak  for  ourselves, 
our  voice  is  so  feeble  it  is  not  heard. 

You  think  the  men  you  give  us  do  ua  good,  and  that  all  ia 
right  Brothers,  you  are  deceived ;  they  do  us  no  good."  We 
do  them  good.  They  like  the  place  where  you  have  put  them. 
Brothers,  our  fathers  of  this  State  meet  soon  to  make  laws ;  will 
you  help  us  to  enable  them  to  hear  the  voice  of  the  red  man  ? 

Marshpee,  Dec.  19,  1833. 

This  appeal  was  published  in  several  of  the  public 
prints,  in  order  to  make  our  dissatisfaction  nrianifest. 

The  next  extract  is  from  the  Boston  Advocate,  and 
shows  what  opposition  was  made  to  the  reading  of  our 
petition  in  the  House  of  Representatives.  The  arti- 
ticle  says  all  that  can  be  said  for  itself.* 

PETITION    OF   THE   MARSHPEE   TRIBE   OF 
INDIANS. 

Yesterday  morning,  in  the  House,  Mr.  Gushing  of  Dorches* 
ter,  presented  the  petition  of  the  Proprietors  and  inhabitantf 
of  the  Marshpee  Plantation,  signed  by  79  males  and  92  fe- 
males on  the  plantation,  and  in  behalf  of  79  males  and  37 
females,  who  are  absent  from  the  plantation,  and  say  they 
will  not  return  to  live  under  the  present  laws,  in  all  287 : 
praying  for  the  privilege  to  manage  their  own  property ;  for 
the  abolition  of  the  overseership,  that  they  may  be  incorpor- 
ated as  the  town  of  Marshpee,  with  the  right  to  make  muni- 
cipal regulations ;  that  one  or  more  Magistrates  may  be  ap- 
pointed among  them  ;  and  for  a  repeal  of  the  existing  lawi 
relating  to  their  tribe,  with  the  exception  of  the  law  prevent- 
ing their  selling  their  lands,  Avhich  they  pray  may  bo  retain- 
ed ;  aqd  for  a  redress  of  grievances. 

•Tho  Counsel  for  the  Indians,  B.  F.  Hallett,  Esq.  could  not  find 
a  meraber  of  the  House  from  Bar  istable  County,  who  would  present 
the  petition.  The  Indians  will  not  forget  that  they  owed  this  net  of 
justice  to  Mr.  Cushikg  of  Dorchester. 


71 

[The  Memorial  sets  forth  in  detail,  the  complaints  of  the 
tribe,  and  was  drawn  up  among"  themselves,  without  assist- 
ance. It  is  represented  here  by  Deacon-  Coombs,  Daniel 
Amos,  and  William  Apes,  all  of  them  well  informed  Indians, 
who  are  deputed  by  the  tribe,  and  were  present  in  the  Hous  e 
yesterday.] 

Mr.  Gushing  moved  that  the  petition  be  read  and  referred 
to  a  special  Committee,  to  be  joined  by  the  Senate. 

Mr.  Swifl  of  Nantucket,  said  there  was  a  statement  to  b« 
made  from  the  Governor  and  Council,  on  the  subject  of  the 
diificulties  with  the  Indians,  and  he  hoped  the  petition  would 
be  laid  on  the  table  without  being  read. 

Mr.  Allen  of  Pembroke,  hoped  the  motion  to  read  the  peti- 
tion would  not  prevail.  We  should  have  in  a  few  days  a 
statement  from  the  Governor  and  Council,  and  he  hoped  noth- 
ing would  be  done  until  that  was  received,  to  prejudice  the 
House. 

Mr.  Gushing  of  Dorchester,*  was  not  aware  that  any  objec- 
tions could  be  made  to  the  reading  of  the  petition,  which  he 
considered  as  a  matter  of  course ;  nor  could  he  see  how  a 
knowledge  of  the  matter  could  prejudice  the  House.  He 
presumed  the  House  would  not  take  upon  itself  to  refuse  to 
hear  the  petition  of  tho  humblest  individual,  and  he  did  not 
fear  that  they  could  not  control  their  minds  so  far  as  to  be 
ready  to  give  a  fair  hearing  to  the  other  side.  The  intima- 
tion that  some  document  was  to  come  from  another  source, 
did  not  go  at  ail  to  show  that  the  petition  ought  not  to  be 
read.  Whether  the  statement  which  gentlemen  said  was  to 
be  made,  was  in  aid  or  explanation  of  the  petition  did  not  ap- 
pear, but  the  subject  was  before  the  House,  and  ought  to  re- 
ceive the  attention  due  to  it. 

Mr.  Lucas  of  Plymouth,  said  (as  far  as  we  could  hear  him) 
that  the  difficulty  in  the  Marshpee  tribe  had  been  caused  by 
an  itinerant  preacher,  who  went  there  and  urged  them  to  de- 
clare their  independence.  They  proceeded  to  extremities, 
and  the  Governor  and  Council  sent  ^  commissioner  to  examine 
the  affair,  and  he  made  a  report  to  the  Council,  and  until  that 
M'os  heard,  he  hoped  nothing  would  bo  heard  from  the  Indiana. 


7^ 

It  ought  first  to  come  before  the  House.  The  petition  orig- 
inated DO  doubt,  from  the  itinerant  preacher,  who  had  been 
pouring  into  their  ears  discontent  until  they  had  a  riot,  and 
the  rioters  were  prosecuted  with  the  preacher  among  them, 
and  he  was  convicted  and  imprisoned.  Whether  any  of  the 
petitioners  were  among  tiiose  rioters  or  not,  he  did  not  know. 

Mr.  Allen  of  Pembroke,  said  he  had  not  heard  the  gentle- 
man from  Plymouth.  It  was  not  his  wish  to  prevent  the  pe- 
titioners being  heard  at  a  proper  time,  but  he  thought  the  Houso 
ought  to  hear  the  other  side,  before  any  course  was  taken. 

Mr.  Robinson  of  Marblehead,  hoped  that  the  attempt  woulti 
not  be  persisted  in,  to  withhold  from  these  Indians  tiie  coai- 
mon  indulgence  of  having  their  petition  read. 

Mr.  Loring  of  Hingham,  understood  that  thi  ^  was  the  same 
petition  which  went  before  the  Governor  and  Council,  [Mr.  L. 
waa  misinformed  ;  It  is  a  different  petition,]  and  as  it  waa 
very  long,  it  would  .take  up  time  unnecessarily  to  read  it. 
He  hoped  it  would  be  laid  on  the  table. 

Mr.  Allen  of  Worcester,  thought  those  who  opposed  the 
reading  were  in  fact  increasing  the  importance  of  the  peti- 
tion by  that  course.  If  the  House  should  refuse  to  hear  it 
read,  a  course  he  did  not  remember  had  ever  been  adopted 
toward  any  respectful  petition,  from  any  quarter,  it  would  be- 
come a  subject  of  much  more  speculation  than  if  it  took  tlio 
ordinary  course. 

Mr.H.  Lincoln  of  Boston,  was  surprised  to  hear  an  objection 
raised  to  the  reading  of  this  petition.  It  was  due  to  the 
chRracter  of  the  House,  and  to  our  native  brethren  the  peti- 
tionera.  whose  agents  were  here  on  the  floor,  that  they  should 
he  heard,  and  heard  patiently.  He  hoped  that  out  of  respect 
to  ourselves,  and  from,  justice  to  the  petitioners,  their  petition 
would  tind  every  favor,  which  in  justice  ought  to  be  extend- 
ed to  it. 

Mr.  Swift  of  Nantucket,  again  urged  that  the  petition  ought 
not  to  be  read,  until  the  report  from  the  Governor  and  Coun- 
cil waa  first  heard. 

Mr.  Chapman. — The  petitioners  have  a  constitutional  right 
%o  be  heard,     I  know  not  of  what  value  that  provision  is  wliich 


73 

gives  a  right  to  petition,  if  the  House  can  refuse  to  hear  the 
petition.      They  do  not  ask  for  action,  but  to  be  heard.     It  can* 
be  read  and  laid  on  the  table.     So  long  as  I  hold  a  seal  in  this 
House,  my  hand  shall  be  raised  to  give  a  hearing  to  the  humblest 
individual  v/ho  presents  a  petition  for  redress  of  grievances. 

Mr.  Loring  of  Hingham  hoped  the  idea  could  not  be  en- 
tertained that  th.ey  wished  to  tlirovr  this  subject  out  of  the 
House.  He  wanted  the  whole  subject  should  be  brought  up, 
and  not  that  this  petition  should  go  in  first.  It  was  not  his 
wish  to  prevent  the  petitioners  being  heard. 

The  Speaker  put  the  question,  shall  the  petition  be  read  r 
and  it  was  carried  in  the  affirmative,  nearly  every  hand  in  the 
House  being  raised.  In  the  negative  we  saw  but  five  hands. 
The  petition  v/as  then  read  by  the  Speaker. 

Mr.  Roberts  of  Salem  moved  that  it  be  laid  on  the  table 
and  printed  for  the  use  of  the  House,  as  there  must  be  a  fu- 
ture action  of  the  House  upon  it.  The  motion  was  carried 
without  objection." 

The  attem.pt  to  prevent  the  petition  of  the  ^.larshpee  In- 
dians from  being  read,  was  repelled  in  the  House  with  an 
unanimity  which  shows  the  value  the  Representatives  place 
upon  the  right  of  petitioning.  The  poor  Indians  are  without 
advice  or  counsel  to  aid  them,  for  they  have  no  means  to  fee 
lawyers,  but  they  will  evidently  find  firm  friends  in  the  House 
ready  to  do  them  justice.  This  is  no  party  question.  It  in- 
volves the  honor  of  the  State.  Let  all  be  done  for  them  that 
can  be  wisely  done  in  a  spirit  of  paternal  kindness.  Let  it 
not  be  shov/n  that  our  sympathy  for  Indians  extends  only  to 
those  at  the  South,  but  has  no  feeling  for  our  own. 


[From  the  same.'] 

THE  MARSHPEE  INDIANS. 
The  laws  which  regulate  this  remnant  of  a  once  powerful 
tribe  of  Indians,  are  not  familiar  to  many,  and  it  is  one  great 
defect  in  the  present  system,  that  these  laws  are  so  difficult 
of  access,  and  so  complex  that  the  Indians  neither  know  nor 
•omprehend  them  ;  and  it  cannot  be  expected  that  they  should 
7 


74 

live  contentedly  under  oppressive  regulations  which  they  do 
not  understand.  Should  any  new  laws  be  passed,  they  ought 
to  be  as  simple  as  possible,  and  be  distributed  for  the  use  of 
the  Indians. 

By  the  Act  of  1788,  Ch.  38,  Vol.  1  of  Laws,  page  34Q,  new- 
provisions  were  made,  the  previous  act  of  1788,  Ch.  2,  being 
found  insufficient  "  to  protect  them  and  their  property  against 
the  arts  and  designs  of  those  who  may  be  disposed  to 
take  advantage  of  their  weakness."  The  wisdom  of  the 
whites,  at  that  time,  invented  the  following  provisions  for 
that  purpose  : 

Section  1.  A  Board  of  five  Overseers  was  established, 
(afterwards  reduced  to  three,)  two  to  be  inhabitants  of  Barn- 
stable County,  and  three  fi"om  an  adjoining  Couiity.  (Now 
two  are  inhabitants  of  Barnstable  and  one  of  Plymouth 
County.)  These  Overseers  were  vested  with  full  power  to 
regulate  the  police  of  the  plantation  ;  to  establish  rules  for 
managing  the  affairs,  interests  and  concerns  of  the  Indians 
and  inhabitants.  They  may  improve  and  lease  the  lands  of 
the  Indians,  and  their  tenements;  regulate  their  streams,, 
ponds  and  fisheries  ;  mete  out  lots  for  their  particular  im- 
provement ;  control  and  regulate  absolutely,  their  bargains, 
contracts,  wages,  and  other  dealings,  take  care  of  their  poor, 
and  bind  out  their  children  to  suitable  persons. 

The  Overseers  are  directed  to  hold  stated  meetings,  elect 
a  moderator,  secretary  and  treasurer,  and  may  appoint  and 
removQ  guardians  over  any  of  the  Indians,  to  act  under  the 
the  Overseers,  and  to  carry  their  regulations  into  effect,  the 
guardians  to  give  bonds  to  the  Overseers. 

By  section  2,  the  Overseers  or  the  guardians  they  appoint 
have  power  to  demand  and  receive  all  property  or  wages 
owing  to  said  Proprietors  or  any  of  them,  by  any  person,  and 
may  sue  in  their  own  names  for  its  recovery,  or  for  any  tres- 
pass, fraud  or  injury  done  to  their  lands  or  them.  Tiiey  may 
settle  all  accounts  and  controversies  between  the  Indians  or 
any  white  person,  for  voyages  or  any  services  done  by  them, 
and  may  bind  the  children  of  poor  proprietors  by  indenture, 
to  suitable  persons. 


75 

Sect.  3.  No  lease,  covenant,  bond  or  bargain,  or  contract 
in  writing,  is  of  any  validity  unless  approved  by  the  Over- 
seer or  guardian ;  and  no  Indian  proprietor  can  be  sued  for 
any  goods  sold,  services  done,  &c.  or  for  money,  unless  the 
account  is  first  approved  by  the  Overseers. 

[This,  it  is  said,  enables  the  Overseers  to  sanction  the  ac- 
counts of  those  who  sell  to  the  Indians  upon  the  expectation 
of  obtaining  the  favor  of  the  Overseers,  and  opens  a  door  for 
connivance.] 

Sect.  4.  The  Overseers  are  to  keep  a  fair  account  of  all 
monies,  wages,  &c.  they  receive,  and  all  proceeds  of  the 
plantation,  and  shall  distribute  to  the  proprietors  their  re- 
spective shares  and  dues,  after  deducting  reasonable  expense 
of  conducting  their  business,  paying  their  just  debts,  (of 
which  the  Overseers  are  made  the  judges,)  and  providing  for 
the  sick  and  indigent,  from  the  common  profits,  and  -reserving 
such  sums  as  can  be  spared  conveniently,  for  the  support  of 
religious  instruction,  and  schooling  children.  The  accounts 
to  be  laid  before  the  Governor  annually.  The  Governor  and 
Council  appoint  the  Overseers  and  displace  them  at  pleasure. 

Sect.  5.  The  Indian  Proprietors  are  prohibited  giving  any 
one  liberty  to  cut  wood,  timber  or  hay,  to  milk  pine  trees 
carry  otf  ariy  ore  or  grain,  or  to  plant  or  improve  any  land  or 
tenement,  and  no  such  liberty,  unless  approved  by  the  Over- 
seers, shall  bar  an  action  on  the  part  of  the  Overseers  to  re- 
cover. The  lands  shall  not  be  taken  in  execution  for  debt, 
and  an  Indian  committed  for  debt  may  take  the  poor  debtor's 
oath,  his  being  a  propiietor  to  the  contrary  notwithstanding. 

The  last  act  relating  to  this  tribe,  was  passed  Feb.  18,  1819, 
Chap.  105,  2d  vol.  of  Laws,  page  487.  It  provides  that  no 
person  thereafter  shall  be  a  proprietor  of  the  Plantation,  ex- 
cept a  child  or  lineal  descendant  of  some  proprietor,  and  in  no 
other  way  shall  tbis  right,  as  it  is  called,  be  acquired.  Other 
inhabitants  are  called  members  of  the  tribe. 

The  Overseers  are  to  keep  a  record  of  names,  or  census, 
of  all  who  are  proprietors,  and  all  who  are  residents  or  mem- 
bers of  the  tribe,  a  return  of  which  is  to  be  made  to  the  Gov- 
ernor the  last  of  December. 


76 

The  Overseers,  in  addition  to  all  former  power,  are  invest- 
ed with  all  the  powers  and  duties  of  guardians  of  the  Indians, 
whenever  such  office  of  guardian  shall  be  vacant.  [A  very 
blind  provision,  by  the  way,  which  it  may  be  as  difficult  for 
white  men  as  for  Indians  to  understand.] 

Any  person  selling  ardent  spirits  to  an  Indian,  without  a 
permit  in  writing  from  the  Overseer,  from  some  agent  of 
theirs,  or  from  a  respectable  physician,  may  be  fined  not 
more  than  fifty  dollars,  on  conviction  ;  and  it  shall  be  the 
duty  of  the  Overseer  to  give  information  for  prosecuting 
such  offenders. 

The  Overseers  may  bind  out  to  service,  for  three  years  at 
a  time,  any  proprietor  or  member  of  the  tribe,  who  in  their 
judgment  has  become  an  habitual  drunkard  and  idler,  and 
they  may  apply  his  earnings  to  his  own  support,  his  family's, 
or  the  proprietors  generally,  as  they  think  proper. 

All  real  estate  acquired  or  purchased  by  the  industry  of 
the  proprietors  and  members,  (meaning  of  course  without 
the  limits  of  the  plantation,)r  shall  be  their  sole  property 
and  estate,  and  may  be  held  or  conveyed  by  deed,  will,  or 
otherwise. 

If  any  Indian  or  other  person  shall  cut  or  take  away  any 
wood,  timber,  or  other  property,  on  any  lands  htlonging  to  the 
proprietors  or  members,  which  is  not  set  off";  or  if  any  person 
not  a  proprietor  or  member,  shall  do  the  same  on  lands  that 
have  been  set  off*,  or  commit  any  other  trespass,  they  shall  be 
fined  not  over  $200,  or  imprisoned  not  over  two  years.  The 
Indians  are  declared  competent  witnesses  to  prove  the  tres- 
pass. No  Indian  or  other  person  is  to  cut  wood  without  a 
permit  in  writing,  signed  by  two  Overseers,  expressing  the 
quantity  to  be  cut,  at  what  time  and  for  what  purpose  ;  and  the 
permit  must  be  recorded  in  their  proceedings  before  any  wood 
or  timber  shall  be  cut. 

[Of  this  provision,  the  Indians  greatly  complain,  because 
it  gives  them  no  more  privilege  in  cutting  their  own  wood 
than  a  stranger  has,  and  because  under  it,  as  they  say,  the 
Overseers  oblige  them  to  pay  a  dollar  or  more  a  cord  for  all 
the  wood  they  are  permitted  to  cut,  which  leaves  them  littlo 


7T 

or  no  profit,  and  compels  the  industrious  to  labour  merely  for 
the  support  of  the  idle,  while  the  white  men,  who  have  their 
teams,  vessels,  &c.  can  buy  their  permits  and  cut  down  the 
wood  of  the  plantation  in  great  quantities,  at  much  greater 
profit  than  the  Indian  can  do,  who  has  nothing  but  his  axe, 
and  must  pay  these  white  men  a  dollar  or  more  for  carting 
his  wood,  and  a  dollar  or  more  to  the  Overseers,  thus  leaving 
hun  not  enough  to  encourage  industry.] 

AN  accounts  of  the  Overseers  are  to  be  annually  examin- 
ed by  the  Court  of  Common  Pleas  for  Barnstable,  and  a  copy 
sent  by  the  Overseers  to  the  Governor. 

Any  action  commenced  by  the  Overseers,  does  not  abate 
by  their  death,  but  may  be  prosecuted  by  the  survivors. 

All  fines,  &c.  uader  the  act,  are  to  be  recovered  before 
Courts  in  Barnstable  County,  one  half  to  the  informer,  and 
the  other  to  the  State.  These  are  all  the  provisions  of  the 
law  of  1819,  and  these  are  the  provisions  under  which  the 
tribe  is  governed. 

As  I  suppose  my  reader  can  understand  these  laws, 
and  is  capable  of  judging  of  their  propriety,  I  shall  say 
but  Hide  on  ibis  subject,  I  will  ask  him  how,  if  he 
values  his  own  liberty,  he  would  or  could  rest  quiet 
under  such  laws.  I  ask  the  inhabitants  of  New  Eng- 
land generally,  how  their  fathers  bore  law'S,  much  less 
oppressive,  when  imposed  upon  them  by  a  foreign 
government.  It  will  be  at  once  seen  that  the  third 
section  takes  from  us  the  rights  and  privileges  of  citi- 
zens in  toto,  and  that  we  are  not  allowed  to  govern 
our  own  property,  wives  and  children.  A  board  of 
orerseers  are  placed  over  us  to  keep  our  accounts,  and 
give  debt  and  credit,  as  may  seem  good  unto  them. 

At  one  time,  it  was  the  practice  of  the  Overseers, 
when  the  Indians  hired  themselves  to  their  neighbors, 
to  receive  their  wages,  and  dispose  of  them  at  their 
7* 


78 

own  discretion.  Someiiines  an  Indian  bound  On  a 
whaling  voyage  would  earn  four  or  five  hundred  dollars, 
and  the  shipmaster  would  account  to  the  overseers  for 
the  whole  sum.  The  Indian  would  get  some  small  part 
of  his  due,  in  order  to  encourage  him  to  go  again,  and 
gain  more  for  his  white  nnasters,  to  support  themselves 
and  educate  their  children  with.  And  this  is  but  a 
specimen  of  the  systematic  course  taken  to  degrade  the 
tribe  from  generation  to  generation.  I  could  tell  of 
one  of  our  masters  v\ho  has  not  only  supported  him- 
self and  fa^mily  out  of  the  proceeds  of  our  lands  and  la- 
bors, but  has  educated  a  son  at  Harvard,  at  our  expense. 

It  is  true  that  if  any  Indian  elected  to  leave  the 
plantation,  he  might  settle  and  accumulate  property 
elsewhere,  and  be  free  ;  but  if  he  dared  to  return 
home  with  his  property,  it  was  taken  out  of  his  hands 
by  the  Board  of  Overseers,  according  to  the  unjust 
law.  His  property  had  no  more  protection  from  their 
rapacity  than  the  rest  of  the  plantation.  In  the  name 
of  Heaven,  (with  due  reverence,)  I  ask,  what  people 
could  improve  under  laws  which  gave  such  temptation 
and  facility  to  plunder  ?  I  iliink  such  experiments  as 
our  government  have  made  ought  to  be  seldom  tried. 

If  the  government  of  I\Iassachusett5  do  not  see  fit 
to  believe  me,  I  would  fain  propose  to  them  a  test  of 
the  soundness  of  my  reasoning.  Let  tliem  put  our 
white  neighbors  in  Barnstable  County  under  the  guar- 
dianship of  a  Board  of  Overseers,  and  give  them  no 
priviieges  other  than  have  been  allowed  to  the  poor, 
despised  Indians.  Let  them  inflict  upon  the  said 
whites  a  preacher  whom  they  neither  love  nor  respect, 
and  do  not  wish  to  hear.     Let  them,  in  short,  be  treat- 


79 

ed  just  as  the  Marshpee  tribe  have  been,  I  think 
there  will  soon  be  a  declension  of  morals  and  popula- 
tion. We  shall  see  if  they  will  be  able  to  build  up  a 
town  in  such  circumstances.  Any  enterprising  men 
who  may  be  among  them  will  soon  seek  another  home 
and  society,  which  it  is  not  in  the  power  of  the  Indians 
to  do,  on  account  of  their  color.  Could  they  have 
been  received  and  treated  by  the  world  as  other  peo- 
ple are,  there  would  not  be  so  many  living  in  Marsh- 
pee  as  there  are  by  half. 

The  laws  were  calculated  to  drive  the  tribe  from 
their  possessions,  and  annihilate  them,  as  a  people  ; 
and  I  presume  they  would  work  the  same  effect  upon 
any  other  people  ;  for  human  nature  is  the  same  under 
skins  of  all  colors.  Degradation  is  degradation,  all 
the  world  over. 

If  the  white  man  desired  the  welfare  of  his  red 
brethren,  why  did  he  not  give  them  schools?  Why 
has  not  the  State  done  something  to  supply  us  with 
teachers  and  places  of  instruction  ?  I  trow,  all  the 
schooling  the  Marshpee  people  have  ever  had,  they 
have  gotten  themselves.  There  was  not  even  a  house 
on  the  plantation  for  the  accommodation  of  a  teacher, 
till  I  arrived  among  them.  We  have  now  a  house  re- 
spectable enough  for  even  a  white  teacher  to  lodge  in 
comfortably,  and  we  are  in  strong  hopes  that  we  shall 
one  day  soon  be  able  to  provide  for  our  own  wants,  if  the 
whites  will  only  permit  us  to  do  so,  as  they  never  have 
done  yet.  If  they  can  but  be  convinced  that  we  are  hu- 
man beings,  I  trust  they  will  be  our  hindrance  no  longer. 

I  beg  the  reader's  patience  and  "attention  to  a  (e\r 
general  remarks.      It  is  a  sorrowful  truth  that,  here- 


$0 

tofore,  all  legislation  regarding  the  affairs  of  Indians, 
has  had  a  direci  tendency  to  degrade  th  im,  to  drive 
them  from  their  homes,  and  the  i^raves  of  their  fathers, 
and  to  give  their  lands  as  a  spoil  to  the  general  gov- 
ernment, or  to  the  several  States.  In  New  England, 
especially,  it  can  be  proved  that  Indian  lands  have 
been  taken  to  support  schools  for  the  whites,  and  the 
preaching  of  the  gospel  to  them.  Had  the  property 
so  taken  been  applied  to  the  benefit  of  its  true  owners, 
they  would  not  and  could  not  have  been  so  ignorant 
and  degraded  a  race  as  they  now  are ;  only  forty-four 
of  whom,  out  of  four  or  five  hundred,  can  write  their 
names.  From  what  I  have  been  able  to  learn  from 
the  public  prints  and  other  sources,  the  amount  annu- 
ally derived  to  the  American  peojjle,  from  Indian  lands 
is  not  far  from  six  millions,  a  tax  of  which  they  have 
almost  the  sole  benefit.  In  the  mean  while,  we  daily 
gee  the  Indian  driven  farther  and  farther  by  inhuman 
legislation  and  wars,  and  all  to  enrich  a  people  who 
call  themselves  Christians,  and  are  governed  by  laws 
derived  from  the  moral  and  pious  puritans.  I  say  that, 
from  the  year  of  our  Lord  1656,  to  the  present  day, 
the  conduct  of  the  whites  toward  the  Indians  has  bee« 
one  continued  system  of  robbery. 

I  suppose  many  of  my  readers  have  heard  of  the 
late  robbery  at  Barnegat,  and  are  ready  to  say,  that 
the  like  has  never  been  known  in  this  country,  and 
seldom  in  any  other.  Now,  though  two-thirds  of  the 
inhabitants,  not  excluding  their  magistrates,  have  been 
proved  to  be  thieves,  I  ask,  was  their  conduct  worse, 
or  even  so  bad  as  that  constantly  practised  br  the 
American  people  toward  the  Indians  ?    I  say  no  j  and 


81 

what  makes  the  robbery  of  my  wronged  race  more 
grievous  is,  that  it  is  sanctioned  by  legal  enactrijents. 
Why  is  it  more  iniquitous  to  ])] under  a  stranded  ship 
than  to  rob,  and  perhaps  murder,  an  Indian  tribe  ?  It 
is  my  private  opinion  that  King  Solomon  was  not  far 
wrong  when  he  said,  ''  Bring  up  a  child  in  the  way  he 
should  go,  and  when  he  is  old  he  will  not  depart  from 
it."  He  might  have  said  with  equal  propriety,  *'  in 
the  way  he  should  not  go."  1  am  sorry  that  the  puri- 
tans knew  no  better  than  to  bring  up  their  children  to 
hate  and  oppress  Indians.  I  must  own,  however,  that 
the  children  are  growing  something  better  than  their 
fathers  were,  and  I  wish  that  the  children  of  Barnegat 
had  had  better  parents. 

The  next  matter  1  shall  offer,  is  in  two  more  articles 
from  the  Boston  Advocate.    The  first  is  by  the  Editor. 

THE  INDIANS. 

The  arms  of  the  State  of  Massachusetts,  which  appear  at 
the  head  of  all  official  acts,  and  upon  the  seals  of  office,  are 
an  Indian  with  his  bow  and  arrows.  Over  his  head  is  an  arm 
holding  the  sword  of  Justice.  Is  this  sword  designed  to  pro- 
tect or  oppress  the  Indians  ?  The  Legislature  now  have  the 
opportunity  to  answer  this  question,  and  as  they  answer,  will 
be  the  record  in  history.  The  principal  community  of  Indians 
in  this  State,  the  Marshpee  tribe,  have  presented  their  com- 
plaints before  the  Legislature.  Though  an  unwise  attempt 
was  made  by  some  few  of  the  Representatives  from  the  neigh- 
borhood of  the  Indians,  to  prevent  the  reading  of  their  peti- 
tion, it  was  received  with  marked  kindness  by  the  House,  and 
ordered  to  be  printed,  a  favor  which  the  Indians  did  not  think 
of  asking. 

There  ia  evidently  a  disposition  in  the  House  to  prove  that 
our  sympathies  are  not  confined  merely  to  the  Georgia  \Vi^ 
dians,  for  political  effect. 


82 

Mr.  Hallett, 

I  perceive  that  your  paper  has  spoken  a  good 
word  now  and  then  for  the  native  Indians  of  Massachusetts. 
There  is  no  class  of  human  beings  in  this  State,  who  have 
more  need  of  a  candid  and  humane  advocate. 

I  do  not  know  much  about  the  remnants  of  a  once  noble 
and  hospitable  race,  and  yet  I  know  enough  to  make  me 
grieve  for  them,  and  ashamed  of  the  State. 

For  about  two  hundred  years,  the  laAvs  have  prohibited  In- 
dians from  selling  their  lands  to  whites,  within  this  Common- 
jvealth.  This  restriction,  designed  originally  to  protect  the 
natives  against  fraud,  has,  upon  the  whole,  had  an  unfavora- 
ble effect  upon  their  happiness.  If  they  had  been  at  liberty 
to  dispose  of  their  land  and  depart  with  the  proceeds,  or  even 
without  the  proceeds,  to  seek  some  new  location,  they  would 
in  all  probability  have  been  happier.  Nor  have  these  prohib- 
itory laws  had  even  the  poor  effect  to  protect  them  from  the 
rapacity  of  their  white  neighbors.  These  have  contrived  to 
clip  the  corners  of  those  simple  people,  and  to  get  hold  of 
their  pleasant  and  fertile  vallies  in  a  very  surprising  manner, 
considering  the  strictness  of  the  law. 

But  the  great  ground  of  complaint  is,  that  no  native  Indian, 
or  descendant,  is  allowed  by  us  to  be  a  man,  or  to  makt  him- 
self a  man,  whatever  may  be  his  disposition  and  capacity. 
They  are  all  kept  in  a  state  of  vassalage,  under  officers,  ap- 
pointed sometimes  by  the  Governor,  and  sometimes  by  the 
Legislature.  The  spot  of  his  own  ground,  which  he  may  cul- 
tivate, is  annually  rented  out  to  the  Indian  by  an  overseer  ; 
and  provisions  are  doled  out  to  the  tribe  according  to  the  dis- 
cretion of  "  Guardians,^''  "  Trustees,''^  &c.  Their  accounts 
are  presented  to  tlie  Governor  and  Council,  who  allow,  and  the 
Treasurer  of  the  Commonwealth  pays  them  as  a  matter  of 
course.  I  dare  not  say  whether  those  accounts  are  in  all 
cases  correct,  or  not.  If  they  are,  we  ought  to  be  thankful 
to  the  honesty^of  the  Trustees,  &c.  not  to  the  wisdom  of 
the  Legislature  in  providing  checks  upon  fraud. 

But  the  effect  upon  the  Indians  is  the  great  question.  This 
m  decidedly  bad.    They  are  treated  more  like  dogs  than  men* 


83 

A  state  of  tutelage,  extending:  from  the  cradle  to  the  grave ; 
a  state  of  utter  dependence,  breaks  down  every  manly  attri- 
bute, and  makes  of  human  creatures,  designed  to  walk  erect, 
creeping  things. 

But  there  is  another  very  great  evil,  if  I  am  rightly  infonn- 
ed,  which  calls  loudly  for^the  interposition  of  the  Legislature. 
The  Marshpee  and  other  Indian  communities  in  this  State, 
are  not  included  within  the  jurisdiction  of  any  incorporated 
town.  The  consequence  is,  that  they  are  without  police,  ex- 
cept what  the  Trustees  and  other  officers  appointed  by  them, 
exercise.  These  officers  never  live  among  them  ;  and  the 
consequence  is,  that  the  Indian  grounds  are  so  many  Alsatias, 
where  the  vagrant,  the  dissipated,  and  the  felonious  do  con- 
gregate. Nor  is  this  the  fault  of  the  native.  It  is  the  fault 
of  their  State  ;  which,  while  it  has  demolished  Indian  cus- 
toms, has  set  up_  no  regular  administration  of  municipal  laws 
in  their  stead.  Thus  I  am  informed,  that  at  Gayhead,  spirit- 
uous liquors  are  retailed  without  license,  and  that  it  is  con- 
sidered that  there  is  no  power  which  can  reach  the  abuse. 
There  are  many  industrious  and  worthy  people  among  these 
natives,  who  are  anxious  for  improvement,  and  to  promote  the 
education  and  improvement  of  tlieir  people,  but  a  degrading 
personal  dependence  on  the  one  hand,  and  the  absence  of 
nearly  all  incentives  and  all  power  to  do  good  on  the  other, 
keeps  them  down. 

The  paupers  among  these  natives,  who  are  at  some  sea- 
sons of  the  year  a  majority  or  nearly  all  of  them,  are  sup- 
ported by  the  State,  and  there  must  be  a  great  opportunity 
and  temptation  to  the  agents  of  the  government  to  wrong 
these  poor  people.  '  The  agents  always  have  the  ear  of  the 
government,  or  rather  they  are  the  government.  The  Indians 
have  nobody  to  speak  for  them.  They  are  kept  too  poor  to 
pay  counsel.  I  think  it  is  not  too  much  to  say  that  almost 
any  degree  of  injustice,  short  of  murder,  might  be  done  them 
without  any  likelihood  of  their  obtaining  redress. 

Why  should  not  this  odious,  and  brutifying  system  be  put 
an  "end  to?  Why  should  not  the  remaining  Indians  in  this 
Commonwealth  be  placed  upon  the  same  footing  as  to  rights 


84 

of  property,  as  to  civil  privileges  and  duties,  as  other  men  ? 
Why  should  they  not  vote,  maintain  schools,  (they  have  vol- 
unteered to  do  this  in  some  instances,)  and  use  as  they  pleass 
that  which  is  their  oven?  If  the  contiguous  towns  object  to 
having  them  added  to  their  corporations,  let  them  be  incor- 
porated by  themselves ;  let  them  choose  their  officers,  estab- 
lish a  police  ;  maintain  fences  and  take  up  stray  cattle.  I 
believe  the  Indians  desire  such  a  change.  I  believe  they 
have  gone  as  far  as  they  are  allov/ed  to  introduce  it.  But 
they  are  fettered  and  ground  to  the  earth. 

I  am  informed  that  many  of  the  stoutest  whalers  are  pro- 
duced among  our  small  Indian  tribes.  I  am  also  informed, 
ikat  they  are  defrauded  by  the  whites  of  a  great  part  of  their 
wages,  which  would  otherwise  amount  to  large  sums.  If 
some  respectable  men  could  be  trained  up  and  fostered  among 
these  people,  their  intelligence  and  influence  would  be  inval- 
uable to  educate,  protect  and  guide  their  seafaring  brethren. 
Under  sucl)  auspices,  they  would,  after  the  years  of  peril, 
return  and  settle  down  with  snug  independence,  be  a  bless- 
ing to  their  brethren,  and  respectable  in  the  sight  of  all. 
Now  they  are  so  knocked  about,  8o  cheated,  preyed  upon  and 
brutalized,  that  they  think  of  nothing,  and  hope  nothing,  but 
sensual  gratifications  ;  and  in  consequence,  die  prematurely, 
or  live  worse  than  to  die. 

The  Christian  philanthropists  of  Massachusetts  little  know 
the  extent  of  evil,  which  there  is  in  this  respect.  I  entreat 
them,  I  entreat  the  constituted  authorities,  to  look  to  it. 

WILLIAM  PENN. 


I  use  these  pieces  cbieily  becau=;e  they  partly  cor- 
respond in  truth  and  spirit  with  what  I  have  already 
said.  Let  our  friends  but  read  the  laws,  and  they  will 
see  what  the  sword  of  the  Comnaonwealth  is  intended 
for.  In  the  second  article  there  is  a  grievous  mistake. 
It  says  that  the  government  has  assisted  us.  The 
Marsh  pee  Indians  have  aktays  paid  their  full  share  of 


85 

taxes,  and  very  great  ones  they  have  been.  They 
iiave  defrayed  the  expense  of  two  town  meetings  a 
year,  and  one  of  two  of  the  white  men  whose  pres- 
ence was  necessary,  lived  twenty-five  miles  off.  The 
meetings  lasted  three  or  four  days  at  a  lime,  during 
which,  these  men  lived  upon  the  best;  at  our  cost,  and 
charged  us  three  dollars  a  day,  and  twenty-five  cents 
a  mile,  travelling  expenses,  going  and  coming  into  the 
bargain.  This  amounts  to  thirty-five  dollars  a  trip  ; 
and  as  there  were,  as  has  already  been  said,  two  visi- 
tations a  year,  it  ap])ears  that  we  have  paid  seventy 
dollars  a  year  to  bring  one  visitor,  whose  absence 
would  have  been  much  more  agreeable  to  us  than  his 
presence.  Extend  this  calculation  to  tlu^  number  of 
seven  persons,  and  the  other  expenses  of  our  mis2;ov- 
ci'nment,  and  perhaps  some  other  expt.Mi!!:ures  not 
mentioned,  and  see  what  a  sum  our  lax  will  amount  to. 
The  next  article  is  from  tiic  Bo.^ton  Advoeaa  of 
December  27,  ISS^J. 

THE  MARSHPEE  INDIANS. 

It  was  stated  in  the  Barnstable  Journal  the  other  day,  and 
iias  been  copied  into  other  papers,  that  the  Marshpee  Indians 
v/ere  generally  satisfied  with  their  situation,  and  desired  no 
change,  and  that  the  excitenient,  produced  principally  by  Mr. 
Apes,  had  subsided.  We  had  no  doubt  this  statement  was 
incorrect,  because  we  had  personally  visited  most  of  the 
tribe,  in  their  houses  and  wigwams,  in  August  last,  and  found 
but  one  settled  feeling  of  wrong  and  oppression  pervading 
the  whole  ;  not  a  new  impulse  depending  upon  Mr.  Apes  or 
any  other  man,  but  the  result  of  the  unjust  laws  which  have 
ruled  them  like  a  complete  despotism. 

The  Overseers  are  not  so  much  to  blame  as  the  laws.  We 
doubt  not  they  have  acted  honestly  :  but,  in  the  spirit  of  thff 
8 


86 

laws,  they  have  almost  unavoidably  exercised  a  stern  con- 
trol over  the  property  and  persons  of  the  tribe.  In  fact  the 
laws,  as  they  now  stand,  almost  permit  the  Overseers,  with 
impunity,  to  sell  the  Indians  for  slaves.  They  can  bind  them 
out  as  they  please,  do  as  they  please  with  their  contracts, 
expel  thorn  from  the  plantation  almost  at  will,  and  in  fact  use 
them  nearly  as  slaves.  We  do  not  think  they  have  intention-' 
ally  done  wrong  to  the  Indians,  but  the  whole  system  of  gov- 
ernment is  wrong- ;  and  hence  the  unalterable  dislike  the  In- 
dians have  to  their  Overseers.  No  better  men  could  be  ap- 
pointed, that  v,e  know  of:  but  the  best  men  must  play  the  . 
tyrant,  if  they  execute  the  present  laws,  designed  as  they 
are  to  oppress,  and  not  to  protect  the  poor  Indians. 

We  have  known  these  Indians,  from  our  youth  up.  They 
five  near  our  native  home.  The  first  pleasure  we  ever  deriv- 
ed from  the  exercise  of  benevolence,  was  in  satisfying  the 
calls  of  their  women  and  children  for  bread,  at  our  father's 
door,  and  we  always  found  them  kind  hearted  to  those* who  • 
were  kind  to  them.  We  have  often  met  with  them  to  worship 
in  their  rural  meeting-house,  and  have  again  and  again  ex- 
plored with  the  angling  rod,  the  romantic  stream,  abound- 
lEg  with  the  nimble  trout,  which  courses  through  their  plan- 
tation. 

For  these  reasons,  and  these  alone,  v/e  felt  it  our  duty  to 
give  them  an  opportunity  to  be  heard  through  the  columns  of 
our  paper,  while  all  others  were  closed  to  them,  or  cold  to 
their  complaints.  If  we  can  do  them  any  good,  we  shall  have  a 
full  reward  in  the  act  itself.  We  have  it  already  in  the  sim- 
ple tribute  of  gratitude,  which  they  have  unexpectedly  bc- 
iitowed  upon  our  poor  services. 

They  have  sent  us  a  communication,  which  is  signed  by  the 
best  men  in  the  tribe.  W^e  know  most  of  these  names,  and 
they  belong  to  the  most  sensible  and  most  industrious  to  be 
found  on  the  plantation.  Will  other  papers  publish  this  sim- 
ple appeal  to  the  justice  of  the  white  men  ?  It  is  useless  t» 
say  after  tiiis,  that  the  Indians  of  Pvlarsbpee  are  content  with 
their  condition.     Something  must  be  done  for  them. 


87 

MARSHPEE  INDIANS. 
"  Mr.  Hallett, 

It  has  been  stated  in  some  of  the  papers  that 
the  Marshpee  Indians  are  generally  satisfied  with  their  situa- 
tion, and  the  conduct  of  the  Overseers,  and  Avant  no  change. 
It  is  also  said  that  the  most  industrious  men  on  tho  plantation 
are  opposed  to  petitioning  the  Legislature  to  give  them  the 
management  of  their  own  property ;  and  they  would  all  have 
been  quiet,  if  it  had  not  been  for  Mr.  Apes. 

Now  we  know  something  of  our  own  rights  without  being 
told  by  Mr.  Apes,  or  any  one.  We  have  confidence  in  Mr. 
Apes,  and  have  seen  no  reason  to  doubt  that  he  means  well ; 
but  our  dissiitisfaction  with  the  laws  and  the  Overseers  was 
the  same  as  it  is  now,  long  before  Mr.  Apes  came  among  us, 
and  he  will  have  our  confidence  no  longer  than  while  we  are 
satisfied  he  does  right.  If  he  does  wrong,  we  shall  oppose 
him  as  soon  as  any  man,  but  so  long  as  he  honestly  aids  us  in 
seeking  for  our  rights,  we  shall  be  in  his  favor.  He  is  only 
one  of  us,  and  has  no  more  authority  over  the  tribe  than  any 
other  member  of  it.  He  has  been  adopted  into  the  tribe,  ac- 
coranig  lu  uic  iuuiaa  custom  ;  aiid  as  long  as  he  deserves;  our 
confidence,  v/e  shall  regard  him  as  a  friend. 

But  it  is  unfair  to  attempt  to  prejudice  the  pubhe  against 
us,  while  we  are  petitioning  for  our  rights.  It  is  not  true  that 
the  Indians  are  satisfied.  The  Legislature  ought  not  to  be 
deceived  by  such  stories  from  interested  men.  There  is  a 
universal  dissatisfaction  with  our  condition,  and  unless  some- 
thing is  done  to  relieve  us,  the  whole  tribe  must  suffer,  and 
they  will  feel  as  if  they  must  give  up  all  hope  of  improving 
their  condition.  We  wish  you  to  publish  this  with  our  names, 
that  the  public  may  not  be  deceived. 
Daniel  B.  Amos,  |]  Oaks  A.  Coombs, 


James  Hush,  Ezra  Attaquin, 
Christopher  Hinson, 
Aaron  Keeter, 
Joseph  Pocknet, 
Nicholas  Pocknet, 
David  Wilbur, 

William  X  Jcnes,  (his  mark,) 
Isaac    >^  Simons,  " 


I^aac  Coombs,  James  Lowes, 
George  Cannada, 
Richard  Simon, 
Daniel  X  Pocknet,  (his  mark.) 
Peter  X  Squib,  « 

Joseph  X  Squib,  " 

Jacob  ><|  Pocknet,  " 

Israel  Amos,  David  Mingu, 


88 

N.  B.  There  could  be  a  host  of  names  procured,  but  wc 
think  here  are  enough  to  satisfy  the  whole  earth  that  we  are 
not  satisfied  to  remain  in  bondage. 

We  also  feel  very  grateful  for  the  patriotic  and  benovolent 
course  that  the  worthy  editor,  Mr.  Hallett,  has  pursued,  in 
laying  our  claims  and  oppression  before  the  public,  especially 
as  he  has  done  it  without  asking  the  least  compensation.  We 
rejoice  to  find  sucli  friends,  for  we  believe  them  to  be  Chris- 
tians, and  impartial  philanthropists. 

Gentlemen  and  ladies  of  other  papers  are  not  forgotten. 
The  Indian's  heart  swells  with  gratitude  to  them  for  noticing 
us  ;  and  we  wish  that  editors  who  are  friends  to  our  rights, 
would  please  notice  the  above. 

Done  at  a  regular  meeting  at  Marshpee,  Dec.  23,  1833. 

DANIEL  B.  AMOS,  Sec'i/. 
Marshpee,  Dec.  23,  1833." 

I  quote  these  articles  only  because  they  serve  to 
show  that  there  was  a  disposition  prevalent  amonn;  the 

against  the  rights  and  liberties  of  the  Indians. 

After  our  petition  had  been  presented,  our  delegates 
obtained  admission  into  the  Hall  of  the  Representa- 
tives, where  ihey  were  privileged  to  tell  their  own  story. 
Our  enemies  endeavored  to  hinder  them  even  of  this, 
!hou2;h  without  success  ;  and  thankful  are  we  that  they 
did  not  succeed.  It  will  be  seen  from  the  following, 
that  the  delegation  were  not  unmindful  of  their  duty. 

The  address  of  the  Marshpee  Indians  at  Boylston  Hall, 
last  evening,  was  listened  to  with  great  attention,  by  a  crowd- 
ed house,  and  with  approbation,  too,  if  we  may  judge  from 
the  repeated  marks  of  applause. 

The  address  at  the  State  House  last  Friday  evening  was  also 
attended  by  an  overflowing  house.  We  were  unable  to  get 
in,  and  cannot,  therefore,  say  what  effect  was  produced  by  it. 


89 

The  next  is  fioai  ihe  Liberator  of  Jan.  25,  1834. 

THE  MARSHPEE  INDIANS. 

This  is  a  small  tribe,  comprising  four  or  five  hundred  per- 
sons, residing  at  the  head  of  Cape  Cod,  in  Barnstable  County- 
They  have  long  been  under  the  guardianship  of  the  State, 
treated  as  paupers,  and  subjected  to  the  control  of  a  Board  of 
Overseers.  A  memorial  from  them  was  presented  to  the 
Legislature  lust  week,  (written  entirely  by  one  of  their  num- 
ber,) in  v/hich  they  set  forth  the  grievances  whicli  are  impos- 
ed upon  them,  the  injustice  and  impolicy  cf  the  laws  affect- 
ing their  tribe,  the  arbitrary  and  capricious  conduct  of  the 
Overseers,  and  the  manner  in  which  they  are  defrauded  of 
the  fruits  of  their  labor  ;  and  earnestly  beseech  the  Legisla- 
ture to  grant  them  the  same  liberty  of  action  as  is  enjoyed 
by  their  white  brethren,  that  they  may  manage  their  own 
concerns,  and  be  directly  amenable  to  the  laws  of  the  State, 
and  not  to  their  present  Overseers. 

A  delegation  from  this  tribe  is  now  in  this  city,  consisting 
of  Deacon  Coombs,  Daniel  Amos,  and  WiUiam  Apes.  The 
use  of  the  Plall  of  the  House  of  Representatives  having  been 
granted  to  them,  they  made  a  public  statement  of  their  situa- 
tion and  v/ants  to  a  crowded  audience  on  Friday  evening  last, 
principally  composed  of  mpmbers  of  the  House  ;  and  were 
listened  to  most  respectfully  and  attentively. 

Deacon  Coombs  first  addressed  the  assembly,  in  a  brief  but 
somewhat  indefinite  speech  ;  the  purport  of  which  was,  that, 
although  by  taking  side  Avith  tiie  Overieers,  he  might  have 
advanced  his  own  interests,  he  nevertheless  chose  to  suffer 
with  his  people,  and  to  plead  in  their  behalf.  Their  condi- 
tion was  growing  more  and  more  intolerable;  excessive  ex- 
actions were  imposed  upon  them  ;  their  industry  was  crippled 
by  taxation  ;  they  wished  to  have  the  Overseers  discharged. 

Daniel  Amos  next  addressed  the  meeting.      He  said  he 

was  aware  of  his  ignorance  ;  but  although  his  words  might 

be  few,  and  his  language  broken,  he  as  deeply  sympathized 

with  his  suffering  constituents,  as  any  of.  his  tribe.     He  gave 

"8* 


90 

a  short  sketch  of  his  lite,  by  which  it  appeared  that  he  went 
at  an  early  period  on  a  whaling  voyage,  and  received  somo 
bodily  injury  which  incapacitated  him  from  hard  labor  for  a 
long  time.  He  sought  his  native  home,  and  soon  experienced 
the  severity  of  those  laws,  which,  though  enacted  seemingly 
to  protect  the  tribe,  are  retarding  their  improvement,  and  op- 
pressing their  spirits.  The  present  difficulties  were  not  of 
recent  origin.  He  stated,  with  commendable  pride,  that  he 
had  never  been  struck  for  ill-behaviour,  nor  imprisoned  for 
crime  or  debt ;  nor  was  he  ashamed  to  show  his  face  again  in 
any  place  he  had  visited  ;  and  he  had  been  round  a  large  por- 
tion of  the  globe.  The  memorial  before  the  Legislature  had 
been  read  to  the  tribe  ;  some  parts  had  been  omitted  at  their 
request ;  and  nothing  had  been  sent  but  by  their  unanimous 
consent.  After  vindicating  the  character  of  Mr.  Apes,  and 
enumerating  some  of  the  complaints  of  the  tribe, 

He  was  followed  by  William  Apes,  who,  in  a  fearless,  com- 
prehensive and  eloquent  speech,  endeavored  to  prove  that, 
under  such  laws  and  such  Overseers,  no  people  could  rise 
from  their  degradation.  He  illustrated  the  manner  in  which 
extortions  were  made  from  the  poor  Indians,  and  plainly  de- 
clared that  they  wanted  their  rights  as  men  and  as  freemen. 
Although  comparatively  ignorant,  yet  they  knew  enough  to 
manage  their  own  concerns  more  equitably  and  economically 
than  they  were  then  managed  ;  and  notwithstanding  the  di^ifi- 
culties  under  which  they  labored,  their  moral  condition  was 
improving.  There  was  not  so  much  intemperance  among 
them  as  formerly  ;  many  of  the  tribe  were  shrewd,  intelligent 
and  respectable  men  ;  and  all  that  was  necessary  to  raise  up 
the  entire  mass  from  their  low  estate,  was  the  removal  of 
those  fetters  and  restrictions  Avhich  now  bind  them  to  the 
dust.  Mr.  Ape;>  described  the  cause  and  the  extent  of  the 
disturbance  which  took  place  last  summer,  and  which  result- 
ed in  his  imprisonment.  The  head  and  front  of  their  offend- 
ing was  in  going  into  the  woods,  and  unloading  a  cart,  and 
causing  it  to  be  sent  away  empty.  The  reason  for  that  pro- 
cedure was,  that  they  wished  no  more  wood  to  be  cut  until 
an  investigation  of  their  ri^^hts  had  been  made.      They  used 


91 

no  violence  ;  uttered  no  oaths ;  made  no  threats  ;  and  took  no 
weapons  of  defence.  Every  thing  was  done  quietly,  but  firm- 
ly. Mr.  Apes  wished  to  know  from  whence  the  right  to  tax 
them  without  their  consent,  and  at  pleeisure,  and  subject  tKern 
to  the  arbitrary  control  of  a  Board  of  Overseers,  was  deriv- 
ed ?  He  knew  not  himself;  but  he  feared  it  was  from  the 
color  of  their  skin.  He  concluded  by  making  a  forcible  ap- 
peal to  the  justice  and  humanity  of  the  Legislature,  and  ex- 
pressing his  confidence  that  the  prayer  of  the  memorialists 
would  not  be  made  in  vain. 

In  several  instances,  the  speakers  made  some  dextrous  and 
pointed  thrusts  at  the  whites,  for  their  treatment  of  the  sons 
of  the  forest  since  the  time  of  the  pilgrims,  which  were  re- 
ceived witli  applause  by  the  audience.  They  were  all  careful 
in  their  references  to  the  conduct  of  the  Overseers  ;  they 
wished  to  say  as  little  about  them  as  possible  ;  but  they  want- 
ed their  removal  forthwith. 

This  is  the  first  time  our  attention  has  been  seriously  call- 
ed to  the  situation  of  this  tribe.  It  is  a  case  not  to  be  treated 
with  contempt,  or  disposed  of  hastily.  It  involves  the  rights, 
the  interests,  and  the  happiness  of  a  large  number  of  that  x 
race  which  has  been  nearly  exterminated  by  the  neglect,  the 
oppression,  and  the  cruelty  of  a  superior  number  of  foreign 
invaders. 

In  the  enslavement  of  two  mil!ioD-5  of  American  people 
in  the  Southern  States,  the  tyranny  of  this  nation  assumes  a 
gigantic  form.  The  magnitude  of  the  crime  elevates  the  in- 
dignation of  the  soul.  Such  august  villainy  and  stupendous 
iniquity  soar  above  disgust,  and  mount  up  to  astonishment. 
A  conflagration  like  that  of  Moscow,  is  full  of  sublimity, 
though  dreadful  in  its  effects  ;  but  the  burning  of  a  soli- 
tary hut  makes  the  incendiary  despicable  by  the  meanness 
of  the  act. 

In  the  present  case,  this  State  is  guilty  of  a  series  of  petty 
impositions  upon  a  feeble  band,  which  excite  not  so  much  in- 
dignation as  disgust  They  may  be,  and  doubtless  are,  the 
blunders  of  legislation  ;  the  philanthropy  of  prescriptive  ig- 
norance ;  the  atoning  injuries  of  prejudice,  rather  than  delib- 


92 

crate  oppression.  No  matter  who  are  tlie  Overseers,  (we 
know  them  not,)  nor  how  faithfully  they  have  executed  the 
laws.  The  complaint  is  principally  against  the  State  ;  inci- 
ilentally  against  them.  They  may  succeed,  perhaps,  in  vindi- 
cating their  own  conduct ;  but  the  State  is  to  be  judged  out 
of  the  Statute  Book,  by  the  laws  now  in  force  for  the  regula- 
tion of  the  tribe.  Fearing,  in  the  plenitude  of  its  benevo- 
lence, that  the  Indians  would  never  rioe  to  be  men,  the  Com- 
monwealth has,  in  the  perfection  of  its  wisdom,  given  them 
over  to  absolute  pauperism.  Believing  they  were  incapable 
of  self-government  as  free  citizens,  it  has  placed  them  under 
a  guardianship  which  is  sure  to  keep  them  in  the  chains  of  a 
servile  dependance.  Deprecating  partial  and  occasional  in- 
justice to  them  on  the  part  of  individuals,  it  has  shrewdly 
deemed  it  lawful  to  plunder  thein  by  wholesale,  continually. 
Lamenting  that  the  current  of  vitality  is  not  strong  enough 
to  give  them  muscular  vigor  and  robust  health,  it  has  fasten- 
ed upon  them  leeches  to  fatten  on  their  blood.  Assuming 
tliat  they  would  be  too  indolent  to  labor  if  they  had  all  the 
fruits  of  their  industry,  it  has  taken  away  all  motives  for  supe- 
rior exertions,  by  keeping  back  a  portion  of  their  wages. 
Dreading  lest  they  should  run  too  fast,  and  too  far,  in  an  un- 
fettered state,  it  has  loaded  them  with  chains  so  effectually 
as  to  prevent  their  running  at  all.  These  are  some  of  the 
excellencies  of  that  paternal  guardiansliip,  under  which  they 
now  groan,  and  from  which  they  desire  ths  Legislature  to 
grant  tlieni  deliverance. 

We  are  proud  to  see  this  spontaneous,  earnest,  upward 
movement  of  our  red  brethren.  It  is  not  to  be  stigmatized 
as  turbulent,  but  applauded  as  meritorious.  It  is  sedition,  it 
is  true  ;  but  only  the  sedition  of  freedom  against  oppression ; 
of  justice  against  fraud  ;  of  humanity  against  cruelty.  It  is 
the  intellect  oppossd  to  darkness  ;  the  soul  opposed  to  degra- 
dation. It  is  an  earnest  of  better  things  to  come,  provided 
the  struggling  spirit  be  set  free.  Let  this  tribe  have  at 
least  a  fair  trial.  While  they  remain  as  paupers,  they  will 
feel  like  paupers  ;  be  regarded  like  paupers  ;  be  degraded 
like  paupers.      We  protest  against  this  unnatural  order  of 


93 

things  ;  and  now  that  the  case  has  come  under  our  cognizance, 
we  shall  not  abandon  it  hastily. 

We  are  aware  that  another,  and  probably  an  opposite  view 
of  this  case  is  to  be  laid  before  the  public,  on  the  part  of  a 
commissioner  delegated  by  the  Governor  and  Council,  to  in- 
quire into  the  difficulties  which  have  arisen  between  the  tribe 
and  the  Overseers.  We  shall  wait  to  get  a  glimpse  of  it  be- 
fore we  pass  judgment  upon  it.  Whatever  may  be  alleged 
either  against  the  Indians  or  against  those  who  hold  a  super- 
vision over  them,  or  whatever  may  be  said  in  favor  of  them 
both  ;  we  have  felt  authorized  to  make  the  foregoing  remarks, 
upon  an  examination  of  the  laws  enacted  for  the  government 
of  these  discordant  parties.  An  augmentation,  diminution,  or 
change  of  the  Board  of  Overseers,  will  not  remedy  the  evil. 
It  lies  elsewhere  ;  in  the  absolute  prostration  of  the  petitioners 
by  a  blind  legislation.  They  are  not,  and  do  not  aspire  to  be 
an  independent  government,  but  citizens  of  Massachusetts. 

Fortunately,  there  is  a  soul  for  freedom  in  the   present 

Legislature.     A  more  independent  House  of  Representatives 

has  never  been  elected  by  the  people.     The  cries  of  ^'"' ^": 
aians  nave  reacueu  meir  ears,  and   we  trust  affected  their 

hearts.  They  will  abolish  a  needless  and  unjust  protectorate. 
The  limb,  which  is  now  disjointed  and  bleeding,  will  be  united 
to  the  body  politic.  What  belongs  to  the  red  man  shall  here- 
after in  truth  be  his ;  and,  thirsting  for  knowledge  and  aspir- 
ing to  be  free,  every  fetter  shall  be  broken  and  his  soul 
made  glad. 

About  this  time  the  opposition  of  our  eneniies  in- 
creased to  a  flood.  Yet  we  remained  undismayed  ; 
for  we  knew  that  wc  had  the  right  on  our  side.  S^) 
we  endin-ed  tlie  shots  of  ih.eir  sharp  shooters  against 
us  patiently.  The  following,  from  the  Boston  Couriei- 
of  January  '23,  18.34,  will  show  to  what  I  allude. 

Late  in  the  month  of  June  last,  an  extraordinary  proceed- 
ing  was  had  by  the  Marshpee  tribe  of  Indians,  residing  on 
their  plantation  in  Barnstable  County,  under  the  protection 


94 

and  guardianship  of  this  Commonwealth.  Excited,  as  it  has 
since  appeared,  by  the  turbulent  spirit  of  a  stranger  and  in- 
truder, they  assembled  in  what  they  termed  a  town  meeting, 
and  adopted  resolutions  declaring  their  independence  of  the 
government  of  Massachusetts,  abjuring  the  authority  of  the 
laws,  and  proclaiming  that  after  the  first  day  of  July  then 
next,  they  should  assume  the  management  of  their  own  af- 
fairs ;  and,  that  "  they  would  not  permit  any  ivhite  man  from 
that  day,  to  come  upon  their  Plantation  to  cut  or  carry  off  any 
wood,  hay,  or  other  article,  without  their  permission,  under  the 
penalty  of  being  bound  and  thrown  from  the  Plantation." 

To  allay  the  excitement  which  had  been  created  among 
tjiese  misguided  people,  and  to  ascertain  and  remove,  as  far 
and  as  speedily  as  possible,  any  just  cause  of  complaint,  the 
most  prompt  measures  v/cre  adopted  by  the  Executive.  A 
discreet  and  confidential  agent  was  despatched  to  the  planta- 
tion with  instructions  to  make  thorough  examination  into  their 
grievances,  real  or  supposed,  and  to  become  acquainted  with 

their  condition,  and  what  their  interest  and  comfort  required, 
lie  wa3,uspov^iu.«j^  ^..— 3  - ,  ^    ^^     ^i  .     ,1      .         .   t 

feelings  and  regard  of  the  government  of  the  Commonwealth 
towards  them  ;  to  assure  the  head  men,  that,  if  the  Overseers 
appointed  by  the  State,  had  been  unjust  or  unkind,  they  should 
forthwith  be  removed,  and  others  appointed  in  their  stead,  and 
the  wrongs  sustained  at  their  hand  amply  redressed,  but  that 
the  guardianship,  originally  imposed  for  their  security  against 
the  frauds  and  wicked  devices  of  unprincipled  white  men, 
and  continued  under  frequent  assurances,  by  the  Indians  them- 
selves, of  its  necessity,  could  not  be  suspended  by  the  author- 
ity of  the  Governor  and  Council.  That  this  rested  with  the 
Legislature,  to  which,  after  careful  investigation  of  their  com- 
plaints,  a  proper  representation  would  be  made  by  the  Execu- 
tive. He  was  also  directed  to  caution  them  against  heeding 
tlie  counsels  of  those  who  would  excite  them  to  disquiet  in 
their  present  situation,  and  to  admonish  them,  that  disorder 
and  resistance  to  any  rightful  authority  would  meet  with 
immediate  and  exemplary  correction,  through  the  civil  tri- 
ijunals, 


95 

On  reaching  the  plantation,  the  agrent  found  these  deluded 
people  in  a  state  of  open  rebellion  against  the  government  of 
the  State,  having  -with  force,  seized  upon  the  Meeting-house, 
rescued  from  the  Overseers  a  portion  of  property  in  their 
possession,  chosen  officers  of  their  own,  and  threatened  vio- 
lence to  all  who  should  attempt  to  inierfere  with  them,  in  the 
measures  of  self-government  which  they  had  assumed.  These 
threatenings  and  outrages  had  already  created  great  alarm 
among  the  white  inhabitants  in  the  neighborhood,  and  induc- 
ed to  apprehensions  of  more  serious  consequences.  Through 
the  firmness  and  prudence  of  the  agent,  sustained  by  the  ad- 
vice and  good  offices  of  several  intelligent  citizens  of  tlic 
County,  the  leader  in  the  i;edition  Avas  arrested  for  a  breach 
of  the  peace,  and  delivered  over  to  the  civil  authority.  An 
inquiry  into  the  conduct  of  the  Overseers  subsequently  con- 
ducted by  the  agent  in  the  presence  of  the  head  men,  and 
the  conciliatory,  and  friendly  explanations  offered  to  the  tribe, 
of  their  relations  to  the  government  of  the  State,  resulted  in 
inducing  them  to  rescind  their  former  violent  resolves,  and 
restored  quiet  to  the  plantation. 

A  minute  and  interesting  report  by  the  gentleman  to  whom 
this  delicate  service  was  assigned,  embracing  an  historical 
account  of  the  tribe,  and  describing  their  present  condition, 
character  and  numbers,  with  the  situation,  value,  and  im- 
jjrovement  of  their  property,  and  the  manner  in  which  the 
guardianship  constituted  by  law  has  been  exercised  over 
them,  accompanies  this  communication.  The  Indians  have 
received  an  assurance,  that  the  attention  of  the  Legislature 
shall  be  invited  to  their  complaints,  and  the  report  will,  not 
fail  to  assist  in  the  deliberations  to  which  the  subject  may 
give  occasion. 

Dv)Os  ii  not  appear  from  this,  aiid  from  his  messnire, 
thai  the  Ex-Govcrncr  is  a  \r.?,n  of  pure  republican 
{■.rinci[>Ics  ?  lie  seems  lo  consider  ihe  Marshpees  as 
strangers,  and  thinks  they  otjghl  to  be  driven  to  the 
wilds   of  the  ha-   ^^'est ;    in    hinnble    imitation   of  tliat 


96 

\\isej  learneH,  and  humane  politician,  Andrew  Jack- 
son, L.  L.  D. 

1  do  consider  that  neiihei  I  nor  any  of  my  brethren 
enjoy  any  political  rights  ;  and  1  desire  that  I  and  they 
may  be  treated  like  men,  and  not  like  children.  It' 
any  among  ns  are  capable  of  discharging  the  duties  of 
office,  I  wish  them  to  be  made  eligible,  and  I  wish  for 
the  right  of  suffi-age  which  other  [nen  exercise,  though 
not  for  the  purpose  of  pleasing  any  party  by  our  votes. 
I  never  did  so,  and  I  never  will.  O,  that  all  men  of 
color  thought  and  felt  as  I  do  on  this  subject. 

1  believe  that  Governor  Lincoln  had  no  regard  what- 
ever for  our  riii;hts  and  liberties  ;  but  as  he  did  not  iiei 
his  ends  answered,  I  shall  leave  him  to  his  conscience. 
The  following  from  Mr.  Hallett,of  the  Advocate,  ful'y 
explains  his  message : 

THE  MARSHPEE  INDIANS. 

The  current  seems  to  be  setting  very  strong  against  ex- 
tending any  relief  to  our  red  brethren.  Governor  Lincoln's 
ex-message  has  served  to  turn  back  all  the  kind  feelings  that 
vrere  beginning  to  expand  to'.vard  the  Marshpee  tribe,  and 
force  and  intimidation  are  to  be  substituted  for  kindness  and 
mercy. 

We  cannot  but  think  that  Massachusetts  will  he  dishonored 
by  pursuing  the  stern  course  recommended  by  Ex -Governor 
Xfncoln,  who  seems,  by  one  of  his  letters  to  Mr.  Fiske,  to 
haye  contemplated  almost  with  pleasure,  the  prospect  of  su- 
perintending in  person,  military  movements  against  a  handful 
of  Indians,  M-ho  could  not  have  mustered  twenty  muskets  on 
the  plantation. 

We  see  now  how  unjust  we  have  been  to  the  Georgians  in 
their  treatment  of  the  Cherokees,  and  if  we  persist  in  op- 
pressing the  Marshpee  Indians,  let  us  hasten  to  unresolvt  all 
the  glowing  resolves  we  made  in  favor  of  the  Georgia  In- 


97 

diand.  If  Governor  Lincoln  is  ricrht  in  his  unkind  denuncia- 
tion of  ths  poor  Marshpee  Indians,  then  was  not  Governor 
Troop  of  Georgia  right,  in  his  messages  and  measures  against 
the  Cherokees  ?  If  the  Court  at  Barnstable  was  right  in  im- 
prisoning the  Indians  for  attempting  to  get  their  rights,  as 
they  understood  them,  and  made  their  ignorance  of  the  law- 
no  excuse,  were  not  the  Courts  of  Georgia  justifiable  in  their 
condemnation  of  the  Cherokees,  for  violations  of  laws  en- 
forced against  the  will  of  the  helpless  Indians  ? 

Oh,  it  was  glorious  to  be  generous,  and  magnanimous  and 
philanthropic  toward  the  Cherokees,  and  to  weep  over  the 
barbarities  of  Georgia,  because  that  could  be  turned  to  ac- 
count against  General  Jackson;  but  wlien  it  comes  home  to 
our  own  bosoms,  when  a  little  handful  of  red  men  in  our  own 
State,  come  and  ask  us  for  permission  to  manage  their  own 
property,  under  reasonable  restrictions,  and  presume  to  re- 
solve that  all  men  are  free  and  equal,  without  regard  to  com- 
plexion ;  Governor  Lincoln  denounces  it  as  sedition,  the 
Legislature  are  exhorted  to  turn  a  deaf  ear,  and  the  Indians 
are  left  to  their  choice  betv/een  sabmission  to  tyrannical  laws, 
or  having  the  militia  cnlied  out  to  shoot  them.  How  glorious 
this  will  read  in  history  i 

The  next  is  ko:n  ilie  Barnstable  Patriot,  of  Feb- 
riiary  5,  1S34,  of  a  diffeient  character. 

MARSHPEE  INDIANS. 
Mr.  Editor, 

Yv^illiam  Apes,  Deacon  Coombs,  and  Daniel 
Amos,  are  now  in  Boston,  where  they  are  much  caressed,  by 
tlie  good  citizens,  and  are  styled  the  ^•Marshpee  Deputation  f 
and  we  see  in  the  Boston  papers  notices  that  the  "  Marshpee 
Deputation  will  be  present  at  the  Tremont  Theatre,  by  invi- 
tation."* "  That  the  Marshpee  Deputation  will  address  the 
public  upon  the  subject  of  their  grievances,  in  the  ^^Iteprc- 
sentative  Hallj*'  "in  Boylston  Hal!,"  &c.  And  we  learn  at 
their  ^Halk"  in  the  Representative  Hall,  they  drew  a  large 
audience,  and  that  audience  was  so  indiscreet,  (not  to  say  in- 

*  Mr.  Apes  did  not  attctid. 

9 


9S 

decorous  or  riotous,)  as  to  cheer  and  applaud  Apes  in  his 
ribaldry,  misrepresentation  and  nonsense.  Really,  it  looks 
to  us,  as  if  there  was  much  misunderstanding  upon  the.  sub- 
ject of  the  Marshpee  difficulties.  If  there  is  any  thing  wrong 
we  would  have  it  put  right;  but  how  does  the  case  appear. 
x\t  the  time  of  Apes'  coming  among  them,  they  were  quiet 
and  peaceable,  and  their  condition,  mentally,  morally  and  pe- 
cuniarily improving.  At  this  time,  and  when  this  is  the  con- 
dition and  situation  of  the  Indians,  comes  this  intruder,  this 
disturber,  this  riotous  and  mischief-making  Indian,  from  the 
Pequot  tribe,  in  Conneoticut.  lie  goes  among  the  inhabi- 
tants of  Marshpee,  and  by  all  the  arts  of  a  talented,  educated, 
wily,  unprincipled  Indian,  professing  with  all,  to  be  an  apostle 
of  Christianity ;  he  stirs  them  up  to  sedition,  riot,  treason ! 
Instigates  them  to  declare  their  independence  of  the  laws  of 
Massachusetts,  and  to  arm  themsdves  to  defend  it. 

We  need  not  follow,  minutely,  the  transactions  which  rap- 
idly succeeded  this  state  of  things.  We  will  merely  remark 
that,  in  that  time  of  rebellion,  prompt,  efficient,  but  mild 
measures  were  taken  by  the  Executive,  to  quell  the  disturb- 
ances, and  restore  good  faith.  An  agent  was  sent  by  the 
Governor,  to  inquire  into  the  cause,  arid  if  possible,  to  remove 
it.  That  agent  found  it  to  be  his  duty  to  arrest  Apes,  (that 
pious  interloper,)  as  a  riotous  and  seditious  person,  and  bind 
him  over  for  trial,  at  the  Common  Pleas  Court.  He  was 
there  tried  ;  and,  in  our  opinion,  never  was  there  a  fairer  trial. 
He  was  convicted  ;  and,  in  our  opinion,  never  was  there  a 
more  just  conviction,  or  a  milder  sentence.  After  the  per- 
formance of  his  sentence.  Apes  is  again  at  work  stirring  up 
new  movements.  And  having  strung  together  a  list  of  im- 
nffiiiary  grievances,  and  false  allegations,  and  affixed  a  ^reat 
number  of  names,  without  the  knovv-ledge  or  consent  of  many 
of  the  individuals,  he  goes  to  the  Legislature,  with  two  of  his 
ignorant,  deluded  followers,  pretending  to  be  "  the  Marshpee 
Deputation,^^  and  asks  redress  and  relief. 

We  would  be  the  last  to  object  to  their  receiving  redress 
and  relief;  and  we  doubt  not  they  will  obtain,  at  the  hands 
of  the  Legislature,  all  they  ought  to  have.      Bat  who  is  the 


99 

"^  Marshpee  Deputaiion,^^  that  is  showing  off  to  such  advan- 
tage in  the  city  ?  It  is  William  Apes,  the  convicted  rioter, 
who  was  the  whole  cause  of  the  disgraceful  sedition  at  Marsh- 
pee  the  last  summer  ;  who  is  a  hypocritical  missionary,  from 
a  tribe  in  Connecticut ;  whose  acquaintance  with  the  Marsh- 
peeans  is  of  less  than  a  yearns  standing.  And  he  is  endeav- 
oring to  enlist  public  sympathy  in  his  favor,  in  advance,  by 
lecturing  in  the  Hall  of  Representatives,  upon  that  pathetic 
and  soul-stiring  theme,  Indian  degradation  and  oppression  : 
vilifying  and  abusing  the  irreproachable  pastor  of  the  planta- 
tion, Mr.  Fish;  stigmatizing  and  calumniating  the  Court  and 
Jury  who  tried  and  convicted  him,  and  flinging  his  sarcasms 
and  sneers  upon  the  Attorney  and  Jury  who  indicted  him. 
And  for  all  this,  he  is  receiving  the  applause  of  an  audience, 
who  must  be  ignorant  of  his  character  :  and  blinded  by  the 
pretences  of  this  impostor.  And  as  far  as  that  audience  is 
composed  of  Legislators,  their  conduct,  in  permitting  Apes 
to  enlist  their  passions  and  feelings  in  his  favor,  pending  a 
Legislative  investigation  of  the  subject,  is  reprehensible. 

But,  there  is  no  fear  that  the  matter  will  not  be  set  right. 
That  the  investigation  by  the  intelligent  agent  last  summer, 
(Mr.  Fiske,)  and  the  investigation  now  going  on  by  a  com- 
mittee of  the  Legislature,  will  show  the  true  character  of 
Apes,  and  point  out  the  real  wants  and  grievances  of  the  In- 
dians ;  and  that  the  remedy  will  be  applied,  to  the  satisfac- 
tion of  the  Indians  and  the  discomfiture  of  that  renegade  im» 
postor  and  hypocritical  interloper  and  disturber,  Apes,  there  is 
little  doubt;  that  such  may  be  the  result,  is  the  sincere  wish  of 
The  true  Friends  of  the  Indians. 

The  spirit  in  which  this  unrighteous  piece  is  written, 
speaks  for  itself,  and  is  its  own  autidote.  However,  it 
is  just  what  we  might  expect  from  a  liberal  paper  oC 
the  liberal  town  of  Barnstable.  So  one  gang  of  par- 
tizans  call  it.  Deliver  us  from  a  '*  patriot,"  who 
would  set  his  face  against  nil  good,  and  destroy  the 
people  themselves.       These    writers,  if  tliere  be  more 


100 

than  one  of  them,  scern  to  have  soine  idea  of  piety 
and  religion.  1"  therefore  advise  them  to  pluck  the 
motes  out  of  their  own  eyes,  thai  they  niay  see  clearly 
enough  to  make  belter  marks  with  their  pens.  The 
editor  and  his  correspondents,  (if  he  did  not  write  the 
article  himself,)  have  rendcicd  themselves  liable  to  a 
suit  for  defamation  ;  but  i  ihink  it  best  lo  lei  ihem  go. 
I  will  not  touch  pitch.  The  discomfited,  hypocritical 
imposlor,  renegade  and  interloper  will  forgive,  and 
pray  for  them.  He  will  not  render  evil  for  evil, 
though  sorely  provoked. 

Nevertheless,  I  feel  bound  to  say  to  these  excellent 
friends  of  the  ^larshpees,  who  wished  them  to  remain 
crushed  under  the  burihen  of  hard  laws  forever  and 
ever,  that  they  will  go  down  to  their  graves  in  the  dis- 
appointment, which,  perhaps,  will  cause  them  to  weep 
away  their  lives.  '  1  should  be  sorry  to  hear  of  that, 
and  exhort  them  to  dry  their  tears,  or  suffer  a  poor 
Indian  to  wipe  them  away. 

Notwithstanding  all  that  was  said  and  done  by  the 
opposition,  the  IMarshpee  Deputation  left  the  field  of 
battle  with  a  song  of  triumph  and  rejoicing  in  their 
mouths,  as  will  presently  be  seen.  I  shall  give  a  brief 
sketch  of  the  proceedings  of  one  of  the  most  enlight- 
ened committees  that  ever  was  drafted  from  a  legisla- 
tive body.  Every  thing  was  done  to  sour  their  minds 
against  the  Indians  that  could  be  done,  but  ihey  w-ere 
of  the  excellent  of  the  earth,  just  and  impartial. 

The  Committee  was  composed  of  IMessrs.  Barton 
and  Strong,  of  the  Senate,  and  Messrs.  Dwight  of 
Stockbridge,  Fuller  of  Springfield,  and  Lewis  of  Pep- 


101 

perell,  of  the  House.  Benjamin  F.  Hallett,  Esq.  ap- 
peared as  Counsel  for  the  Indians. 

Lemuel  Ewer,  Esq.  of  South  Sandwich,  was  a  wit- 
ness, and  the  only  white  one  who  was  in  favor  of  the 
Indians.  Tlie  Indian  witnesses  were  Deacon  Coombs. 
Daniel  B.  Amos,  Ebenezer  Attaquin,  Joseph  B.  Amos, 
and  William  Apes. 

On  the  other  side  appeared  Kilhurn  Whitman,  Esq. 
of  Pembroke,  as  Counsel  for  the  Overseers  ;  Messrs. 
J.  J.  Fiske  of  VVrentham,  and  Elijah  Swift  of  Fal- 
mouth, both  of  the  Governor's  Council  ;  the  Rev. 
Phineas  Fish,  the  Marshpee  missionary,  sent  by  Har- 
vard College  ;  Judge  Marston,  Nathaniel  Hinckley  and 
Charles Marston,  all  of  Barnstable;  Gideon  Hawleyof 
South  Sandwich,  Judge  Whitman  of  Boston,  and  two 
Indians,  Nathan  Pocknet  and  William  Amos,  by  name. 
It  was  a  notable  ))iece  of  policy  on  the  part  of  the 
Overseers,  to  make  a  few  friends  among  the  Indians, 
in  order  to  use  them  for  their  own  purposes.  Thus  do 
pigeon  trappers  use  to  set  up  a  decoy.  When  the 
bird  flutters,  the  flock  settle  round  him,  the  net  is 
sprung,  and  ihey  are  in  fast  hands.  Judge  Whitman, 
however,  could  not  make  his  two  decoy  birds  flutter 
to  his  satisfaction,  and  so  he  got  no  chance  to  spring 
his  net.  He  had  just  told  the  Indians  that  they  might 
as  well  think  to  move  the  rock  of  Gibraltar  from  its 
base,  as  to  heave  the  heavy  load  of  guardianship  from 
their  shoulders  ;  and,  when  he  first  came  before  the 
committee,  he  said  he  did  not  care  a  snap  of  his  finger 
about  the  matter,  one  way  or  the  other.  But  he  alter- 
ed his  mind  before  he  got  through  the  business,  and 
began  to  say  that  he  should  be  ruined  if  the  bill  passed 
9* 


102 

for  the  relief  of  the  Indians,  arid  was,  ni(jreover,  sure 
that  Apes  would  reign,  king  of  Marshpee.  The  old 
gentleman,  indeed,  made  several  perilous  thrusts  at  me 
in  his  plea  ;  but,  when  he  came  to  cross-examination, 
he  was  so  pleased  with  the  correctness  of  my  testi- 
mony, that  he  had  nothing  more  to  say  to  me.  1  shall 
now  leave  him,  to  attend   to  liis  friend  Judge  Marston. 

Tills  tientleman  swore  in  court  that  he  thouerht  In- 
dians  an  inferior  race  of  men  ;  and,  of  course,  were 
incapable  of  managing  their  own  affairs. 

The  testimony  of  the  two  decoy  pigeons  was,  that 
they  had  liberty  enough  ;  more  than  they  knew  what  to 
do  w'itli.  They  showed  plainly  enough  that  they  knew 
nothing  of  the  law  they  lived  under.  The  testimony 
of  the  Rev.  Mr.  Fish  was  more  directly  against  us. 
Some  may  think  1  do  wrong  to  mention  this  gentle- 
man's name  so  often.  But  w-hy,  when  a  man  comes 
forward  on  a  public  occasion,  should  ijis  name  be  kept 
out  of  sio:lit,  thouo:h  he  be  a  cleravman.  I  should 
think  he  would  like  to  make  his  flock  respected  and 
respectable  in  his  speech,  which  he  well  knew  they 
never  could  be  under  the  tlicn  existing  laws.  Is  it 
more  than  a  fair  inference  that  it  was  self-interest  that 
made  him  do  otherwise,  that  he  might  be  able  to  con- 
tinue in  possession  of  his  strong  hold  ?  If  he  had  said 
to  the  Indians,  like  an  honest  mm,  "  I  know  I  have  no 
right  to  what  is  yours,  and  will  willingly  relinquish 
what  1  hold  of  it,"  I  do  not  doubt  that  the  Indians 
would  have  given  him  a  house,  and  a  life  estate  in  a 
farm  ;  and  perhaps  have  conveyed  it  to  him  in  fee 
simple,  if  he  had  behaved  v^'ell.  Sucii  a  course  would 
have  won  him  the  love  and  esteem  of  the  Indians,  and 


103 

his  blind  obstinacy  was  certainly  the  surest  means  he 
could  have  taken  to  gain  their  ill  will.  He  may  think 
slightly  of  their  good  opinion,  and  I  think,  from  his 
whole  course  of  conduct,  that  we  are  as  dogs  in  his 
sight.  I  presume  he  could  not  die  in  peace  if  he 
thought  he  was  to  be  buried  beside  our  graves. 

It  is  the  general  fault  of  those  who  go  on  missions, 
that  they  cannot  sacrifice  the  pride  of  their  hearts, 
in  order  to  do  good.  It  seems  to  have  been  usually 
the  object  to  seat  the  Indians  between  two  stools,  in 
order  that  they  might  fall  to  the  ground,  by  breaking 
up  their  government  and  forms  of  society,  without  giv- 
ing them  any  others  in  their  place.  It  does  not  appear 
to  be  the  aim  of  the  missionaries  to  improve  the  Indians 
by  making^  citizens  of  them.  Hence,  in  most  cases, 
anarchy  and  confusion  are  the  results.  Nothing  has 
more  effectually  contributed  to  the  decay  of  several 
tribes  than  the  course  pursued  by  their  missionaries. 
Let  us  look  back  to  the  first  of  them  for  proofs.  From 
ihe  days  of  Eilioit,  to  the  year  1834,  have  they  made 
one  citizen  ?  The  latter  date  marks  the  first  instance 
of  such  an  experiment.  Is  it  not  strange  that  free  men 
should  thus  have  been  held  in  bondage  more  than  two 
hundred  yexirs,  and  that  setting  them  at  liberty  at  this 
late  day,  should  be  called  an  experiment  now  ? 
~  1  would  not  be  understood  to  say,  however,  that  the 
Rev.  Mr.  Fish's  mission  is  any  criterion  to  judge  others 
by.  No  doubt,  many  of  them  have  done  much  good  ; 
but  I  greatly  doubt  that  any  missionary  has  ever  thought 
of  making  the  Indian  or  African  his  equal.  As  soon 
as  we  begin  to  talk  about  equal  rights,  the  cry  of  amal- 
gamation is  set  up,  as  if  men  of  color  could  not  enjoy 


104 

their  natural  rights  without  any  necessity  for  intermar- 
riage between  the  sons  and  daughters  of  the  tvvo  races. 
Strange,  strange  indeed  !  Does  it  follow  that  the  In- 
dian or  the  A-frican  must  go  to  the  judge  on  his  bench, 
or  to  the  Governor,  Senator,  or  indeed  any  other  man, 
to  ask  for  a  help-m^et,  because  his  name  may  be  found 
on  the  voter's  list,  or  in  the  jury  boxes  ?  1  promise  all 
concerned,  that  we  Marshpees  have  less  inclination  to 
seek  their  daughters  than  they  have  to  seek  ours. 
Should  the  worst  come  to  the  worst,  does  the  proud 
white  think  that  a  dark  skin  is  less  honorable  in  the 
sight  of  God  than  his  own  beautiful  hide  ?  All  are 
alike,  the  sheep  of  his  pasture  and  the  workmanship 
of  his  hands.  To  say  they  are  not  alike  to  him,  is  an 
insult  to  his  justice.  Who  shall  dare  to  call  that  in 
question  ? 

Were  I  permitted  to  express  an  opinion,  it  would 
be  that  it  is  more  honorable  in  tlie  two  races,  to  inter- 
marry than  to  act  as  too  many  of  them  do.  My 
advice  to  tlie  white  man  is,  to  let  the  colored  race 
alone.  It  will  considerably  diminish  the  annual  amount 
of  sin  committed.  Or  else  let  them  even  marry  our 
daughters,  and  no  more  ado  about  amalgamation.  We 
desire  none  of  their  connection  in  that  way.  All  we 
ask  of  them  is  peace  and  our  rights.  We  can  find 
wives  enough  without  asking  any  favors  of  iliem.  We 
have  some  wild  flowers  among  us  as  fair,  as  blooming, 
and  quite  as  pure  as  any  they  can  shou'.  But  enough 
has  been  said  on  this  subject,  which  I  should  not  have 
mentioned  at  all,  but  that  it  has  been  rung  in  my  ears 
by  almost  every  white  lecturer  I  ever  had  the  misfor- 
tune to  meet. 


-ik' 


105 

1  will  now  entreat  ibe  reader's  attention  to  ihe  very 
able  plea  of  Mr.  Hallett,  upon  our  petiiion  and  re- 
monstrances. The  following  are  his  remarks  after  llie 
law  which  gave  us  our  hberty  was  passed  by  his  ex- 
ertions in  our  cause  : 

1  will  now  briefly  consider  the  "documents,  relating  to  tl>e 
Marshpee  Indians,"  which  have  been  presented  aiid  printed, 
this  session,  by  the  two  Houses. 

The  first  is  a  Memorial,  signed  by  seventy-nine  males  and 
ninety-two  females,  of  the  Plantation.  Of  the  seventy -nine 
males,  sixty-two  are  Proprietors,  and  forty-four  write  their 
own  names.  They  are  all  united  in  wishing  to  have  a  change 
of  the  laws,  and  a  removal  of  the  Overseership,  but  desire 
that  their  land  may  not  be  sold  without  the  mutual  consent 
of  the  Indians  and  the  General  Court. 

This  memorial  represents,  1.  That  no  particular  pains  has 
been  taken  to  instruct  them.  2.  That  they  are  insignificant 
because  they  have  had  no  opportunities.  3.  That  no  enlight- 
ened or  respectable  Indian,  wants  Overseers.  4.  That  their 
rulers  and  the  minister  have  been  put  over  them,  without  their 
consent.  5.  That  the  minister,  (Mr.  Fish,)  has  not  a  male 
member  in  his  church  of  the  Proprietors,  and  they  believe 
twenty  years  would  have  been  long  enough  for  him  to  have 
secured  their  confidence.  6.  That  the  laws  which  govern 
them  and  take  away  their  property,  are  unconstitutional.  7. 
That  the  whites  have  had  three  times  more  benefit  of  the 
Meeting-house  and  the  minister,  than  they  have  had.  8.  That 
the  business  meetings  for  the  tribe,  have  been  held  off  the  plan- 
tation, at  an  expense  to  them.  9.  That  their  Fishery  has  been 
neglected  and  the  whites  derived  the  most  benefit  from  it. 
[The  Overseers  admit  that  the  Herring  Fishery  has  not  been 
regulated  for  fifty  years,  although  in  1763,  it  appears  it  was 
deemed  a  highly  important  interest,  and  in  1818,  the  Commis- 
sioners reported  that  it  ought  to  be  regulated  for  the  benefit 
of  the  Indians  to  the  exclusion  of  the  whites.]  10.  That  the 
laws  discourage  their  people,  who  leave  the  plantation  on  that 


106 

account.  1 1.  That  men  out  of  the  tribe  are  paid  for  doing  what 
those  in  it  are  capable  of  doing  for  the  plantation.  12.  That 
the  whites  derive  more  benefit  than  themselves,  from  their 
hay,  Avood  and  timber.  13.  That  the  influence  of  the  whites 
has  been  against  them,  in  their  petitions  for  the  past  years.  14. 
That  they  believe  they  hare  been  wronged  out  of  their  prop- 
erty. 15.  That  they  want  the  Overseers  discharged,  that  they 
may  have  a  chance  to  take  care  of  themselves.  16.  That  very 
many  of  their  people  are  sober  and  industrious,  and  able  and 
willing  to  do,  if  they  had  the  privilege.  All  these  statements 
will  be  found  abundantly  proved. 

This  memorial  comes  directly  from  the  Indians.  It  was 
drawn  up  among  them  without  the  aid  of  a  single  white  man. 
They  applied  to  me  to  prepare  it  for  them.  They  happened 
to  select  me,  as  their  counsel,  simply  because  I  was  born  and 
brought  up  within  a  few  miles  from  their  plantation,  and  had 
known  their  people  from  my  infancy.  I  told  them  to  present 
their  grievances  in  their  own  way,  and  they  have  done  so.  Not 
a  line  of  the  memorial  was  written  for  them. 

On  the  other  side,  opposite  to  their  memorial  for  self-govern- 
ment, is  the  remonstrance  of  JVathan  Pocknet  and  forty-nine 
others,  the  same  Nathan  Pocknet,  who  in  1818  petitioned  for 
the  removal  of  the  Overseership.  This  remonstrance  was  not 
prepared  by  the  Indians.  It  came  wholly  from  the  Rev.  Mr. 
Fish,  and  the  Overseers.  It  speaks  of  the  "unprecedented 
impudence"  of  the  Indians,  and  mentions  a  ^^Traverse  Jury^ 
No  one  who  signed  it,  had  any  voice  in  preparing  it.  It  shows 
ignorance  of  the  memorial  of  the  tribe,  by  supposing  they  ask 
for  liberty  to  sell  their  lands  ;  and  ignorance  of  the  law,  by 
saying  that  the  Overseers  have  not  power  to  remove  nuisances 
from  the  plantation. 

This  remonstrance  is  signed  by  fifty  persons,  sixteen  males 
and  thirty-four  females  ;  seventeen  can  write.  Of  the  signers, 
ten  belong  to  Nathan  Pocknet's  family.  Ten  of  the  males  are 
Proprietors,  of  whom  two  are  minors,  and  one  a  person  non 
compos.  Of  the  non-proprietors,  one  is  a  convict,  recently 
released  from  State  prison,  who  has  no  right  on  the  Plantation. 
Two  of  the  Proprietors,  who  signed  this  remonstrance,  (John 


107 

Speen  and  Isaac  Wickham,)  have  since  certified  that  they  un- 
derstood it  to  be  the  petition  for  Mr.  Fish,  to  retain  his  salary, 
but  that  they  are  entirely  opposed  to  having  Overseers  and  to 
the  present  laws. 

Thus  it  is  shown  that  out  of  the  whole  Plantatign  of  229 
Proprietors,  but  ^ye  men  could  be  induced,  by  all  the  influ- 
ence of  the  Minister  and  the  Overseer,  to  sign  in  favor  of 
having  the  present  laws  continued,  and  but  eleven  men  out  of 
the  whole  population  of  312.  The  signers  to  the  memorial 
for  a  change  of  the  laws  are  a  majority  of  all  the  men, 
women  and  children  belonging  to  the  Plantation,  at  home 
and  abroad. 

Another  document  against  the  Indians  who  ask  for  their 
liberty,  is  the  memorial  of  the  Rev.  Phineas  Fish,  the  mis- 
sionary. Of  the  unassuming  piety,  the  excellent  character, 
and  the  sound  learning  of  that  reverend  gentleman,  I  cannot 
speak  in  too  warm  terms.  I  respect  him  as  a  man,  and  honor 
him  as  a  devoted  minister  of  the  gospel.  But  he  is  not 
adapted  to  the  cultivation  of  the  field  in  which  his  labors 
have  been  cast.  Until  I  read  this  memorial,  I  should  not 
have  believed  that  a  severe  expression  could  have  escaped 
him.  I  regret  the  spirit  of  that  memorial,  and  in  its  compari- 
son with  that  of  the  Indians,  I  must  say  it  loses  in  style,  in 
dignity  and  in  Christian  temper. 

In  this  memorial,  Mr.  Fish  urges  upon  the  Legislature  the 
continuance  of  the  laws  of  guardianship  as  they  now  are, 
and  especially  the  continuance  of  the  benefits  he  derives 
from  the  i)roperty  of  the  plantation.  What  are  the  reasons 
he  gives  for  this.  Do  they  not  look  exclusively  to  his  own 
benefit,  without  regard  to  the  wishes  of  the  Indians  ? 

He  states,  as  the  result  of  his  ministry,  twenty  members  of 
the  tribe  added  to  his  church  in  twenty-two  years.  This  sin- 
gle fact  proves  that  his  ministry  has  failed  of  producing  any 
effect  at  all  proportioned  to  the  cost  it  has  been  to  the  In- 
dians. Not  from  want  of  zeal  or  ability,  perhaps,  but  from 
want  of  adaptation.  If  not,  why  have  other  preachers  been 
so  much  more  successful  than  the  missionary.  There  never 
has  been  a  time  that  this  church  was  not  controlled  by  the 


108 

whites.  Mr.  Fish  now  has  but  five  colored  members  of  his 
church,  and  sixteen  whites.  Of  the  five  colored  persons,  but 
one  is  a  male,  and  he  has  recently  signed  a  paper  saying  he 
has  been  deceived  by  Mr.  Fish's  petition,  which  he  signed, 
and  that  he  does  not  now  wish  his  stay  any  longer  among 
them. 

On  the  other  hand,  "blind  Jo,"  as  he  is  called,  a  nati>e  In- 
dian, blind  from  his  birth,  now  28  years  of  age,  has  educated 
himself  by  his  ear  and  his  memory,  has  been  regularly  or- 
dained as  a  Baptist  minister,  in  full  fellowship  with  that  de- 
nomination, and  has  had  a  little  church  organized  since  1830. 
The  Baptist  denomination  has  existed  on  the  plantation,  for 
forty  years,  but  has  received  no  encouragement.  Blind  Jo 
has  nevej-  been  taken  by  the  hand  by  the  missionary  or  the 
Overseers.  The  Indians  Avere  even  refused  the  use  of  their 
Meeting-house,  for  the  ordination  of  their  blind  minister,  and 
he  was  ordained  in  a  private  dwelling.  Though  not  possess- 
ing the  eloquence  of  the  blind  preacher,  so  touchingly  de- 
scribed in  the  glowing  and  chaste  letters  of  Wirt's  British 
Spy.  yet  there  is  much  to  admire  in  the  simple  piety  and 
sound  doctrines  of  "  Blind  Jo  ;"  and  he  will  find  a  way  to 
tlic  hearts  of  his  hearers,  which  the  learned  divine  cannot 
explore. 

There  is  another  denomination  on  the  plantation,  organized 
as  "The  Free  and  United  Church,"  of  which  William  Apes 
is  the  pastor.  This  denomination  Mr.  Fish  charges  with  an 
attempt  to  usurp  the  parsonage,  wood-land  and  the  Meeting- 
house ;  he  denounces,  as  a  ^'- flagrant  ad,^^  the  attempt  of  the 
Indians  to  obtain  the  use  of  their  own  Mttihig-house,  and  ap- 
peals to  the  sympathies  of  the  v/hoie  civilized  community  to 
maintain  by  law  the  Congregational  worship,  which,  he  says, 
"is  the  most  ancient  form  of  religious  worship  there!" 
"  Why  should  Congregational  worship  be  excluded  to  make 
room  for  others  ?"  ask^j  the  Rev.  Mr.  Fish.  "Where  will  be 
the  end  of  vicissitude  on  the  adoption  of  such  a  principle, 
and  how  is'  it  possible,  amid  the  action  of  rival  factions,  for 
pure  religion  to  bo  promoted."  [Pages  7,  8,  9,  of  Mr.  Fish's 
memorial.     Senate,  No.  17.]     Is  this  language  for  a  Christian 


109 

minister  to  address  to  the  Legislature  of  Massachusetts  ?  To 
petition  for  an  established  Church  in  Marshpee  ?  Can  he 
ever  have  read  the  third  Article  of  the  Bill  of  Rights,  f.s 
amended  ? 

What  has  been  the  result  of  these  "rival  factions,"  in 
Marshpee  ?  Blind  Jo  and  William  Apes,  have  forty-stven  In- 
dian members  of  their  churches,  (fourteen  malt^s,)  in  good 
standing,  collected  together  in  three  years.  The  missionary 
has  baptized  but  twenty  in  twenty-two  years.  The  Indian 
preachers  have  also  established  a  total  abstinence  Tempe- 
rance Society,  without  any  aid  from  the  missionary,  and  there 
are  ah'oady  sixty  members  of  it,  Avho,  from  all  the  evidence  in 
the  case,  there  is  no  reason  to  doubt,  live  up  to  their  profession. 

I  do  not  say  this  to  detract  from  the  good  the  missionary 
has  done  ;  I  doubt  not  he  has  done  much  good,  and  earnestly 
desired  to  do  more  ;  but  when  he  denounces  to  the  Legisla- 
ture other  religious  denominations,  as  usurpers  and  ^^  rival 
factions,''^  it  is  but  reasonable  that  a  comparison  should  be 
drawn  between  the  fruit  of  his  labors  and  that  of  those  lie  5o 
severely  condemns. 

I  confess,  I  am  struck  with  surprise,  at  the  following  re- 
marks, in  the  memorial  of  the  Rev.  Mr.  Fish.  Speaking  of 
the  complaint  of  the  Indians  respecting  their  Meeting-house, 
that  it  is  not  fit  for  respectable  people  to  meet  in,  being  worn 
out ;  he  says,  ".Vs  it  was  built  by  a  white  Missionary  Society, 
and  repaired  at  the  expense  of  the  white  Legislature  of  the 
State,  perhaps  the  whites  may  think  themselves  entitled  to 
some  wear  of  it,  and  being  no  way  fit  for  '  respectable  people,' 
the  church  and  congregation  hope  they  may  the  more  readily 
be  left  unmolested  in  their  accustomed  use  of  it."  [Page  4.] 
Again  he  says  of  the  complaints  of  the  Indians,  that  they 
were  forbidden  to  have  preaching  in  their  School-houses. 
•'  The  School-houses,  built  by  the  munificence  of  the  State, 
began  to  be  occupied  for  Meeting-houses,  soon  after  their 
erection,  and  have  been  more  or  less  occupied  in  this  fash- 
ion  I  ever  since  ;  and  your  memorialist  desires  to  affirm  that 
in  this  perversion  of  your  lihcral  purpose,  he  had  no  share 
whatever  !  I " 

10 


110 

Is  this  possible  ?  Can  it  be  a  perversion  of  buildings  erect- 
ed for  the  mental  and  moral  improvement  of  the  Indians,  that 
religious  meetings  should  be  held  there,  by  ministers  whom 
the  Indians  prefer  to  the  Missionary  ? 

The  inequality  in  the  appropriations  for  religious  instruc- 
tion, is  remarked  upon  by  the  Commissioner,  Hon.  2flr.  Fiske, 
who  says  in  his  report  that  if  the  present  appropriations  are 
to  be  restricted  to  a  Congregationalist  minister,  some  further 
provision,  in  accordance  with  religious  freedom,  ought  to  be 
made  for  the  Baptist  part  of  the  colored  people.  [Page  29. 
No.  14.] 

I  regret  too,  the  unkind  allusion  in  the  Rev.  Mr.  Fish's 
memorial  to  Deacon  Coombs,  the  oldest  of  the  Marshpee  del- 
egation, formerly  his  deacon,  and  the  last  proprietor  to  leave 
him.  He  says  the  deacon  "  once  walked  worthy  of  his  holy 
calling."  Does  he  mean  to  insinuate  he  does  not  walk  wor- 
thily now  ?  I  wish  you,  gentlemen,  to  examine  Deacon 
Coombs,  who  is  present,  to  inquire  into  his  manner  of  life,  and 
see  if  you  can  find  a  Christian  with  a  white  skin,  whose  heart 
is  purer,  and  whose  walk  is  more  upright,  than  this  same 
Deacon  Coombs.  In  point  of  character  and  intelligence,  he 
would  compare  advantageously  with  a  majority  of  the  Select- 
men in  the  Commonwealth. 

With  the  religious  concerns  of  Marshpee,  I  have  no  wish 
to  interfere.  I  only  seek  to  repel  intimations  that  may  ope- 
rate against  their  prayer  for  the  liberties  secured  by  the  Con- 
stitution. Neither  do  I  stand  here  to  defend  Mr.  Apes,  who 
is  charged  with  being  the  leader  of  the  "  sedition."  I  only 
ask  you  to  look  at  the  historical  evidence  of  the  existence  of 
discontent  with  the  laws,  ever  since  1693,  and  ask  if  Mr. 
Apes  has  been  the  author  of  this  discontent.  Let  me  remind 
you  also,  of  the  fable  of  the  Huntsman  and  the  Lion,  when 
the  former  boasted  of  the  superiority  of  man,  and  to  prove  it 
pointed  to  a  statue  of  one  of  the  old  heroes,  standing  upon  a 
prostrate  lion.  The  reply  of  the  noble  beast  was,  "  there  are 
no  carvers  among  the  lions  ;  if  there  were,  for  one  man  stand- 
ing upon  a  lion,  you  would  have  twenty  men  torn  to  pieces 
bv  lions."     Gentlemen,  by  depressing  the  Indians,  our  lavs 


Ill 

have  taken  care  that  they  should  have  no  carvers.  The 
whites  have  done  aU  the  carving  for  them,  and  have  always 
placed  them  undermost.  Can  we  blame  them,  then,  that  when 
they  found  an  educated  Indian,  with  Indian  sympathies  and 
feelings,  they  employed  him,  to  present  their  complaints,  and 
to  enable  them  to  seek  redress  ?  Look  at  this  circumstance, 
fairly,  and  I  think  you  will  find  in  it  the  origin  of  all  the 
prejudice  against  William  Apes,  which  may  be  traced  to  those 
of  the -whites  who  are  opposed  to  any  change  in  the  present 
government  of  Marshpee.  If  aught  can  be  shown  against 
him,  I  hope  it  will  be  produced  here  in  proof,  that  the  Indians 
may  not  be  deceived.  If  no  other  proof  is  produced,  except 
his  zeal  in  securing  freedom  for  the  Indians,  are  you  not  to 
conclude  that  it  cannot  be  done.  But  his  individual  character 
has  nothing  to  do  with  the  merits  of  the  question,  though  I 
here  pronounce  it  unirnpeached. 

I  will  allude  to  but  one  other  suggestion  in  the  memorial 
of  the  Rev.  Mr.  Fish,  [page  10.]  To  show  the  necessity  of 
continuing  the  present  laws,  he  says,  "  already  do  we  witness 
the  force  of  example  in  the  visible  increase  of  crime.  But  a 
few  weeks  since,  a  peaceable  family  was  fired  in  upon,  during 
their  midnight  repose  ;  while  I  have  been  writing,  another 
has  been  committed  to  prison  for  a  high  misdemeanor." 

Now  what  are  tke  facts,  upon  which  this  grave  allegation 
against  the  whole  tribe  is  founded.  True,  a  ball  was  fired 
into  a  house  on  the  plantation,  but  without  any  possible  con- 
nection with  the  assertion  of  their  rights  by  the  Indians,  and 
to  this  day  it  is  not  known  whether  it  was  a  white  man  or  g.n 
Indian  who  did  it.  The  "  high  misdemeanor,"  was  a  quarrel 
between  Jerry  Squib,  an  Indian,  and  John  Jones,  a  white 
man.  Squib  accused  Jones  of  cheating  him  in  a  bargain, 
when  intoxicated,  and  beat  him  for  it.  The  law  took  up  the 
Indian  for  the  asssult,  and  let  the  white  man  go  for  the  fraud. 

Respecting  then,  as  we  all  do,  the  personal  character  of 
the  missionary,  can  you  answer  his  prayer,  to  continue  the 
present  government,  in  order  to  protect  him  in  the  reception 
of  his  present  income  from  the  lands  of  the  Indians  ?  Are 
the  interests  of  a  whole  people  to  be  sacrificed  to  one  man  ' 


112 

What  says  the  Bill  of  rights  ?  "  Government  is  instituted 
for  the  common  good,  for  the  protection,  safety,  prosperity, 
and  happiness  of  the  people,  and  not  for  the  profit,  honor  or 
private  interest  of  any  one  man,  family,  or  class  of  men." 

I  have  now  only  to  consider  the  report  of  the  Commis- 
sioner, Mr.  Fiske,  who  visited  Marshpee  in  July  last.  The 
impartiality,  candor  and  good  sense  of  that  report,  are  highly 
honorable  to  that  gentleman.  Deriving  his  first  impressions 
from  the  Overseers  and  the  whites,  and  instructed  as  he  was 
with  strong  prepossessions  against  the  Indians,  as  rebels  to 
the  State,  tlie  manner  in  which  he  discharged  that  duty,  de- 
serves a  high  encomium.  He  has  my  thanks  for  it,  as  a  friend 
of  the  Indians.  As  far  as  the  knowledge  of  the  facts  enabled 
the  Commissioner  to  go,  in  the  time  allowed  him,  the  conclu- 
sions of  that  report,  substantiate  all  the  positions  taken  in  de- 
fence of  the  rights  of  the  Indians.  The  Commissioner  was 
instructed  by  the  then  Governor  Lincoln,  to  inform  the  In- 
dians that  the  government  had  no  other  object  than  their  best 
good;  "let  them  be  convinced  that  their  grievances  will  be 
inquired  into,  and  a  generous  and  paternal  regard  be  had  to 
their  condition."  They  were  so  convinced,  and  they  come 
here  now,  for  a  redemption  of  this  pledge. 

But  his  Excellency  seems  to  have  been  strangely  impress- 
ed with  the  idea  of  suppressing  some  rebellion,  or  another 
Shay's  insurrection.  Mr,  Hawley,  one  of  the  Overseers,  had 
visited  the  Governor,  at  Worcester,  and  because  a  few  In- 
dims  had  quietly  unloaded  a  wood-cart,  the  calling  out  of  the 
militia  seems  to  have  been  seriously  conteni plated  by  the  fol- 
lowing order,  issued  to  the  Commissioner,  by  the  Governor, 
dated  July  5.  "Should  there  be  reason  to  fear  the  insuffi- 
ciency of  the  posse  comitatus,  I  will  ee  present  persoiX- 

ALLY,  TO  DIRECT  ANY  MILITARY  REQUISITIONS." 

Think  of  that,  gentlemen  of  the  Committee !  Figure  to 
yourselves  his  Excellency,  at  the  head  of  the  Boston  and 
Worcester  Brigades,  ten  thousand  strong,  marching  to 
Marshpee,  to  suppress  an  insurrection,  when  scarce  twen- 
ty old  muskets  could  have  been  mustered  on  the  whole 
plantation  '' 


113 

With  the  utmost  respect  for  his  Excellency,  I  could  not  re- 
frain on  reading  this  "order  of  the  day,"  from  exclaiming,  as 
Lord  Thurlow  did,  when  a  breathless  messenger  informed 
him  that  a  rebellion  had  broken  out  in  the  Isle  of  Man — 
"pshaw — a  tempest  in  a  tea  pot." 

Let  us  not,  however,  because  the  Indians  are  weak  and  in- 
offensive, be  less  regardful  of  their  rights. 

You  will  gather  from  the  Report  of  Mr.  Fiske,  conclusive 
evidence  of  the  long  continued  and  deep  rooted  dissatisfac- 
tion of  the  Indians  with  the  laws  of  guardianship,  that  they 
never  abandoned  the  ground  that  all  men  were  born  free  and 
equal,  and  they  ought  to  have  the  right  to  rule  and  govern 
themselves ;  that  by  a  proper  exercise  of  self-government, 
and  the  management  of  their  own  pecuniary  affairs,  they  had 
it  in  their  power  to  elevate  themselves  much  above  their 
present  state  of  degradation,  and  that  by  a  presentation  ol' 
new  motives  for  moral  and  mental  improvement,  they  might 
be  enabled,  in  a  little  time,  to  assume  a  much  higher  rank  on 
the  scale  of  human  existence.  And  that  the  Legislature 
would  consider  their  case,  was  the  humble  and  earnest  re- 
quest of  the  natives. 

Is  not  the  conclusion  then,  from  all  the  facts  in  the  case, 
that  the  system  of  laws  persisted  in  since  1763,  have  failed 
as  acts  of  paternal  care  ?  That  the  true  policy  now  is  to  try 
acts  of  kindness  and  encouragement,  and  that  the  question 
of  rightful  control  over  the  property  or  persons  of  the  Indians 
beyond  the  general  operation  of  the  laws,  being  clearly 
against  the  whites  ;  but  one  consideration  remains  on  which 
the  Legislature  can  hesitate :  the  danger,  that  they  will 
squander  their  property.  Of  the  improbability  of  such  a  re- 
sult, Mr.  Fiske  informs  you  in  his  report,  [page  26.]  He 
found  nearly  all  the  families  comfortably  and  decently  clad, 
nearly  all  occupying  framed  liouses,  and  a  few  dwelling  in 
huts  or  wigwams.  More  than  thirty  of  them  were  in  posses- 
sion of  a  cow  or  swine,  and  many  of  them  tilled  a  few  acrea 
of  land,  around  their  dwellings.  Several  pairs  of  oxen,  and 
some  horses  are  owned  on  the  plantation,  and  the  Commons 
are  covered  with  an  excellent  growth  of  wood,  of  ready  ac- 
10^ 


114 

C0S3  to  market.  Confine  the  cutting  of  this  wood  to  the  na- 
tives, as  they  desire,  and  they  never  can  waste  this  valuable 
inheritance. 

Mr.  Fiske  also  says  in  his  report,  [page  30,]  "that  it  is 
liardly  possible  to  find  a  place  more  favorable  for  gaining  a 
subsistence  without  labor,  than  Marshpee."  The  advantages 
of  its  location,  the  resources  from  the  woods  and  streams,  on 
one  side,  and  the  bays  and  the  sea  on  the  other,  are  accurate- 
ly described,  as  being  abundant,  with  the  exception  of  the 
lobsters,  which  Mr.  Fiske  says  are  found  there.  The  Com^ 
missioner  is  incorrect  in  that  particular,  unless  he  adopts  the 
learned  theory  of  Sir  Joseph  Banks,  that  Jleas  are  a  species 
of  lobster ! 

Is  there,  then,  any  danger  in  giving  the  Indians  an  oppor- 
tanity  to  try  a  liberal  experiment  for  self-government  ?  They 
ask  you  for  a  grant  of  the  liberties  of  the  constitution  ;  to 
be  incorporated  and  to  i^ave  a  government  useful  to  them  as 
a  people. 

Tiiey  ask  for  the  appointment  of  magistrates  among  them, 
and  they  ask  too  for  an  Attoi'ney  to  advise  with  ;  but' ray  ad- 
vice to  them  is,  to  have  as  little  as  possible  to  do  with  Attor- 
nies.  A  revision  of  their  laws  affecting  property  by  the  Gov- 
ernor and  Council,  would  be  a  much  bettor  security  for  them 
than  an  Attorney,  and  this  thoy  all  agree  to.  Is  there  any 
thing  unreasonable  in  their  requests  ?  Can  you  censaro 
other  States  for  severity  to  the  Indians  within  their  limits,  if 
you  do  net  exercise  an  enliglitened  liberality  toward  tli© 
Indians  of  Massachusetts  ?  Give  tiiem  then  substantially, 
the  advantages  v/hich  they  ask  in  the  basis  of  an  act  which  I 
n3w  submit  to  tiie  Committee  vvith  their  a})provMl  of  its  pro- 
visions. Cnn  you,  gentlemen,  can  the  Legislature,  resist  the 
simple  appeal  of  their  memorial  ?  "Give  us  a  chance  for  our 
lives,  in  acting  for  ourselves.  O!  white  man  !  wiiite  man! 
th3  blood  of  our  fathers,  spilt  in  the  revolutionary  war,  cries 
from  the  ground  of  our  native  soil,  to  break  the  chains  of  op» 
prossijn  and  let  our  childreii  go  free," 


115 

The  correctness  of  Mr.  Hallell's  opinions  are  de- 
monstrated in  the  followin!;  article. 

Other  editors  speak  ill  enou2;h  of  Gen.  Jackson's 
treatment  of  the  Southern  Indians.  Why  do  they  not 
also  speak  ill  of  all  the  head  men  and  great  chiefs  who 
liave  evil  entreated  the  people  of  Marshpee.  1  think 
Governor  Lincoln  manifested  as  bitter  and  tyrannical  a 
spirit  as  Old  Hickory  ever  could,  for  the  life  of  hiin. 
Often  and  often  have  our  tribe  been  promised  the  lib- 
erty their  fathers  fought,  and  bled,  and  died  for  ;  and 
even  now  we  have  but  a  small  share  of  it.  It  is  some 
comfort,  however,  that  the  people  of  Massachusetts  are 
becoiiiing  gradually  more  Clnistianized. 

[From  the  Daily  Advocate.] 

THE  MARSHPEE  INDIANS. 
-  The  Daily  Advertiser  remarks  that  the  Indian  tribes  have 
been  sacrificed  by  the  policy  of  Gen.  Jackson.  This  is  very 
true,  and  we  join  with  the  Advertiser  in  reprehending  the 
course  pursued  by  the  President  toward  the  Cherokees.  If 
Georgia,  under  her  union  nullifier,  Governor  Lumpkin,  is  per- 
mitted to  set  the  process  of  the  Supreme  Court  at  defiance, 
it  will  be  a  foul  dishonor  u})on  the  country. 

But  while  we  condemn  the  conduct  of  General  Jackson 
toward  the  Southern  Indians,  what  shall  we  say  of  the  treat- 
ment of  our  own  poor  defenceless  Indians,  the  Marshpee 
tribe,  in  our  own  State?  The  Legislature  of  last  year,  with 
a  becoming  s?nse  of  justice,  restored  to  the  Marshpee  In- 
dians a  portion  of  their  rights,  which  had  been  wrested  from 
them,  most  wrongfully,  for  a  \>Qriod^ of  seventy-four  year^. 
The  State  of  Massachusetts,  in  the  exercise  of  a  most  unjust 
and  arbitrary  povver,  had,  until  that  time,  deprived  the  Indi.-ns 
of  all  civil  rights,  and  placed  their  property  at  the  mercy  ot 
designing  men,  who  had  oised  it  for  their  own  benefit,  and 
despoiled  the  native  owners  of  the  soil  to  which  they  hold  a 
better  title  than  the  whites  hold  to  any  land  in  the  Com- 


116 

monwealth.  These  Indians  fought  and  bled  side  by  side, 
with  our  fathers,  in  the  struggle  for  liberty ;  but  the  whites 
were  no  sooner  free  themselves,  than  they  enslaved  the  poor 
Indians. 

One  single  fact  will  show  the  devotion  of  the  Marshpee 
Indians  to  the  cause  of  liberty,  in  return  for  which  they  and 
their  descendants  were  placed  under  a  despotic  guardianship, 
and  their  property  wrested  from  them  to  enrich  the  Avhites. 
In  the  Secretary's  Office,  of  this  State,  will  be  found  a  mus- 
ter roll,  containing  a  "Return  of  men  enlisted  in  the  first 
Regiment  of  Continental  troops,  in  the  County  of  "Barnstable, 
for  three  years  and  during  the  war,  in  Col.  Bradford's  Regi-  dk 
ment,"  commencing  in  1777.  Among  these  volunteers  for 
that  terrible  service,  are  the  following  names  of  Marshpee 
Indians,  proprietors  of  Marshpee,  viz. 

Francis  Webquish,  Samuel  Moses,  Demps  Squibs,  Mark 
Negro,  Tom  Cassar,  Joseph  Ashur,  James  Keeter,  Joseph 
Keeter,  Jacob  Keeter,  Daniel  Pocknit,  Job  Rimmon,  George 
Shawn,  Castel  Barnet,  Joshua  Pognit,  James  Rimmon,  David 
Hatch,  James  Nocake,  Abel  Hoswitt,  Elisha  Keeter,  John 
Pearce,  John  Mapix,  Amos  Babcock,  Hosea  Pognit,  Daniel 
Pocknit,  Church  Ashur,  Gideon  Tumpum. 

in  all  twenty-six  men.  The  whole  regiment,  drawn  from 
the  whole  County  of  Barnstable,  mustered  but  149  men,  near- 
ly ont-Jifih  of  Avhom  were  volunteers  from  the  little  Indian 
Plantation  of  Marshpee,  which  then  did  net  contain  over  one 
hundred  male  heads  of  families  !  No  white  town  in  the 
County  furnished  any  thing  like  this  proportion  of  the  14y 
volunteers.  The  Indian  soldiers  fought  through  the  war  ; 
and  as  far  as  we  have  been  able  to  ascertain  the  fact,  from 
documents  or  tradition,  all  but  one,  fell  martyrs  to  liberty,  in 
the  struggle  for  Independence.  There  is  but  one  Indian  now 
living,  v/ho  receives  the  reward  of  his  services  as  a  revolu- 
tionary soldier,  old  Isaac  Wickham,  and  he  was  not  in  Brad- 
ford's regiment.  Parson  Holly,  in  a  memorial  to  the  Legisla- 
ture in  1783,  states  that  most  of  the  women  in  Marshpee,  had 
lost  their  husbands  in  the  war.  At  tbut  time  there  were 
.seventy  widows  on  the  Plantation. 


117 

But  from  that  duy,  until  the  year  1834,  the  Marshpeo  In- 
dians "were  enslaved  by  the  laws  of  Massachusetts,  and  de- 
prived of  every  civil  right  which  belongs  to  man.  Vi^hite 
Overseers  had  power  to  tear  their  children  from  them  and 
bind  them  out  where  they  pleased.  They  could  also  sell  the 
services  of  any  adult  Indian  on  the  Plantation  they  chose  to 
call  idle,  for  three  years  at  a  time,  and  send  him  where  they 
pleased,  renewing  the  lease  every  three  years,  and  thus,  make 
him  a  slave  for  life. 

It  was  Avith  the  greatest  efibrt  this  monstrous  injustice  was 
in  some  degree  remedied  last  winter,  by  getting  the  facts  be- 
fore the  Legislature,  in  spite  of  a  most  determined  opposition 
from  those  who  had  fattened  for  years  on  the  spoils  of  poor 
Marshpee.  In  all  but  one  thing,  a  reasonable  ^aw  Avas  made 
for  the  Indians.  That  one  thing  was  giving  the  Governor 
power  to  appoint  a  Commissioner  over  the  Indians  for  three 
years.  This  was  protested  against  by  the  friends  of  the  In- 
dians, but  in  vain ;  and  they  were  assured  that  this  appoint- 
ment would  be  safe  in  the  hands  of  the  Governor.  They 
hoped  so,  and  assented  ;  but  no  sooner  was  the  law  passed, 
than  the  enemies  of  the  Indians  induced  the  Governor  to  ap- 
point as  the  Commissioner,  the  person  whom  of  ^il  others 
they  least  wished  to  have,  a.  former  Overseer,  against  whom 
there  were  strong  prejudices.  The  Indians  remonstrated,  and 
besought,  but  in  vain.  The  Commissioner  was  appointed, 
and  to  all  appeals  to  make  a  diifefent  appointment,  a  deaf  ear 
has  been  turned.  It  seems  as  if  a  deliberate  design  had  been 
formed  somewhere,  to  defeat  all  the  Legislature  has  done  for 
the  benefit  of  this  oppressed  people. 

The  consequences  have  been  precisely  what  the  Indians 
and  their  friends  feared.  Party  divisions  have  grown  up 
among  them,  arising  out  of  the  want  of  confidence  in  their 
Commissioner.  He  is  found  always  on  the  side  of  their 
greatest  trouble  ;  the  minister  who  unjustly  holds  almost  500 
acres  of  the  best  land  in  the  plantation,  wrongfully  given  to 
him  by  an  unlaAvful  and  arbitrary  act  of  the  State,  which,  in 
violation  of  the  Constitution,  appropriates  the  property  of  the 
Indians  to  pay  a  man  they  dislike,  for  preaching  a  doctrine 


118 

they  will  not  listen  to,  to  a  ivhite  congregation,  while  the  na- 
tive preachers,  whom  the  Indians  prefer,  are  left  without  a 
cent,  and  deprived  of  the  Meeting-house,  built  by  English 
liberality  for  the  use  of  the  Indians.  The  dissatisfaction  has 
gone  on. increasing.  The  accounts  with  the  former  Over- 
seers remain  unadjusted  to  the  satisfaction  of  the  Selectmen. 
The  Indians  have  no  adviser  near  them  in  whom  they  can 
confide  ;  those  who  hold  the  power,  appear  regardless  of  their 
wishes  or  their  welfare ;  no  pains  is  taken  by  the  authorities 
to  punish  the  wretches  who  continue  to  sell  rum  to  those  who 
will  buy  it;  and  though  the  Indians  are  still  struggling  to  ad- 
vance in  improvement,  every  obstacle  is  thrown  in  their  way 
that  men  can  devise,  whose  intent  it  is  to  get  them  back  to  a 
state  of  vassalage,  that  they  may  get  hold  of  their  property. 
All  this,  we  are  satisfied,  from  personal  inspection,  is  owing 
to  the  injudicious  appointment  made  by  Gov.  Davis,  of  a  com- 
missioner, and  yet  the  Governor  unfortunately  seems  indispos- 
ed to  listen  to  any  application  for  a  remedy  to  the  existing  evils. 
The  presses  around  us,  who  are  so  eloquent  in  denouncing 
the  President  for  his  conduct  towards  the  Southern  Indians, 
say  not  a  word  in  behalf  of  our  own  Indians,  whose  fathers 
poured  out  their  blood  for  our  Independence.  Is  this  right, 
and  ought  the  Indians  to  be  sacriflt^ed  to  the  advantage  ft 
single  man  derives  from  holding  an  office  of  very  trifling 
profit  ?  Let  us  look  at  home,  before  we  complain  of  the 
treatment  of  the  Indians  at  the  South. 

The  following  extract  refers  to  the  act  passed  to  in- 
corporate the  Marshpee  District,  after^so  much  trouble 
and  expense  to  the  Indians.  I  should  suppose  the 
people  of  Massachusetts  would  have  been  glad  to  have 
done  us  this  justice,  without  making  so  much  difficulty, 
if  they  had  been  aware  of  the  true  state  of  facts. 

THE  MARSHPEE  ACT 

Restoring  the  rights  of  self-government,  in  part,  to  the 
Marshpee  Indians,  of  which  our  legislation  has  deprived  them 


119 

for  one  hnndred  and  forty  years,  passed  the  Senate  of  Massa- 
chusetts yesterday,  to  the  honor  of  that  body,  without  a  sin- 
gle dissenting-  vote.  Too  much  praise  cannot  be  given  to 
Mr.  Senator  Barton,  for  the  persevering  and  high-minded 
manner  in  which  he  has  prepared  and  sustained  this  act. 
With  two  or  three  exceptions,  but  which,  perhaps,  may  Hot 
be  indispensable  to  the  success  of  the  measure,  it  is  all  the 
Indians  or  their  friends  should  desire,  under  existing  circum- 
stances. The  clause  reserving  the  right  of  repeal,  is  proba- 
bly thie  most  unfortunate  provision  in  the  act,  as  it  may  tend 
to  disquiet  the  Indians,  and  to  give  the  Commissioner  a  sort 
of  threatening  control,  that  will  add  too  much  to  his  poWer, 
and  may  endanger  all  the  benefits  of  the  seventh  section. 
This  provision  was  not  introduced  by  the  Committee,  but  was 
opposed  by  Messrs.  Barton  and  Strong,  as  wholly  unnecessary. 

[Daily  Advocate. 


SMALL  MATTER. 

In  the  resolve  allowing  fees  to  the  Marshpee  Indians,  who 
have  attended  as  witnesses  this  session,  the  high-minded 
Senator  Hedge  of  Plymouth,  succeeded  in  excluding  the 
name  of  William  Apes,  as  it  passed  the  Senate  ;  but  the 
House,  on  motion  of  Col.  Thayer,  inserted  the  name  of  Mr. 
Apes,  allo-wing  him  his  fees,  the  same  as  the  others.  Mr. 
Hedge  made  a  great  effort  to  induce  the  Senate  to  non-con- 
cur, but  even  his  lucid  and  liberal  eloquence  failed  of  its  noble 
intent,  and  the  Senate  concurred  by  a  vote  of  13  to  6.  Mr. 
Hedge  must  be  sadly  disappointed  that  he  could  not  have 
saved  the  State  ^wenty-three  dollars,  by  his  manly  efforts  to 
injure  the  character  of  a  poor  Indian.  Mr.  Hedge,  wo  dare 
say,  is  a  descendant  from  the  pilgrims,  whom  the  Indians  pro- 
tected at  Plymouth  Rock  !    He  knows  how  to  be  grateful ! 

[Daily  Advocate. 

It  appears  that  I,  William  Apes,  have  been  mucli 
persecuted  and  abused,  merely  for  desiring  the  welfare 
of  myself  and  brethren,  and  because  I  would  not  sufier 
myself  to  be  trodden   under  foot  by  jDeople  no  better 


120 

than  myself,  as  I  can  sec.  In  connection  wlih  this,  I 
suy  I  was  never  arraigned  before  any  Court,  to  the  in- 
jcny  of  my  reputaiion,  save  once,  at  Marsh  pee,  for  a 
pretended  riot.  An  attempt  to  blast  a  man  merely  for 
insisting  on  his  rights,  and  no  more,  is  n  blot  on  tha 
character  of  him  who  undertakes  it,  and  not  upon  the 
person  attempted  to  be  injured  ;  let  him  be  great  or 
small  i-n  the  world's  eyes.  I  can  safely  say  that  no 
charge  that  has  ever  been  brought  against  me,  written 
or  verbal,  has  ever  been  made  good  by  evidence  in 
any  civil  or  ecclesiastical  court.  Many  things  have 
been  said  to  my  disparagement  in  the  pubhc  prints. 
Much  was  said  to  the  General  Court,  as  that  I  was  a 
gambler  in  lotteries,  and  had  begged  money  from  tlie 
Indians  to  buy  tickets  with.  This  calunmy  took  its  rise 
from  certain  articles  printed  in  the  Boston  Gazette, 
v/ritten,  as  I  have  good  reason  to  believe,  by  one  Rey- 
nolds, a  proper  authority.  He  has  been  an  inmate  of 
tlie  Slate  prison,  in  Windsor,  V  ermont,  once  for  a  term 
of  tuo  years,  and  again  for  fourteen,  as  in  pajt  appears 
by  the  following  certificate' of  a  responsible  person. 

Concord,  N.  H.  Juxe  27,  1832. 
To  all  whom  it  may  concern. 
This  may  certify,  that  John  Reynolds,  once  an  inmate  of 
Vermont  State  Prison,  and  since  a  professed  Episcopal  Meth- 
odist, and  a;lso  a  licensed  local  preaciicr  in  Windsor,  Conn, 
came  to  this  place  about  June,  1830,  recommended  by  Brother 
J.  Robbins,  as  a  man  worthy  of  our  patronage  ;  and  of  course 
I  employed  him  to  supply  for  me  in  Ware  and  Hopkinton, 
(both  in  N.  H.)  in  which  places  he  was  for  a  short  time,  ap- 
parently useful.  But  the  time  shortly  arrived  when  it  appear- 
ed that  he  wan  pursuing'  a  course  that  rendered  him  worthy 
of  censure.      I   therefore  commenced  measures   to  put  him 


1^1 

down  from  preaching ;  but  before  I  could  get  fully  prepared 
for  him,  he  was  gone  out  of  my  reach.  I  would  however  ob- 
serve, he  wrote  me  a  line  from  Portsmouth,  enclosing  his 
license,  also  stating  his  withdrawal  from  us ;  and  thus  evaded 
trial.  We  have,  therefore,  never  considered  him  worthy  of  a 
place  in  any  Christian  church  since  he  left  Hopkinton,  in 
May,  1831.  And  I  feel  authorized  to  state,  that  he  does  not 
deserve  the  confidence  of  any  respectable  body  of  people, 
K  W.  STICK XEY,  Circuit  Preacher, 

In  the  Methodist  Episcopal  Church. 

His  wrath  was  enkindled  and  waxed  hot  against  me, 
because  I  thought  him  scarce  honorable  enough  for  a 
high  priest,  and  could  not  enter  into  fellowship  \yith 
him.  I  opposed  his  ordination  as  an  elder  of  our 
church,  because  1  thought  it  dishonor  to  sit  by  his 
side  ;  and  he  therefore  tried  to  make  me  look  as  black 
as  himself,  by  publishing  tilings  he  was  enabled  to  con- 
coct by  the  aid  of  certain  of  my  enemies  in  New  York. 
They  wrote  one  or  two  letters  derogatory  to  my  char- 
acter, the  sr.bstance  of  which  Reyiiolds  took  the  lib- 
erty to  publish.  For  this  I  complained  of  him  to  the 
CJrand  Jury  in  Boston,  and  he  was  indicted.  The 
following  is  the  indictment: 

The  Jurors  for  the  Commonwealth  of  Massachusetts,  on 
their  oath  present,  that  John  Reynolds  of  Boston,  Clerk,  being 
a  person  regardless  of  the  morality,  integrity,  innocence  and 
piety,  which  Ministers  of  the  Gospel  ought  to  possess  and 
sustain,  and  maliciously  devising  and  intending  to  traduce, 
vilify  and  bring  into  contempt  and  detestation  one  William 
Apes,  who  was  on  the  day  hereinafter  mentioned,  and  still  is 
a  resident  of  Boston  aforesaid,  and  duly  elected  and  appointed 
a  minister  of  the  gospel  and  missionary,  by  a  certain  denom- 
ination of  Christians  denominated  as  belonging  to  the  Metho- 
dist Protestant  Church  ;  and  also  u^ia^Tflllly  and  maliciously 
11 


12S 

intending  to  insinuate  and  cause  it  to  be  believed,  that  the 
said  William  Apes  was  a  deceiver  and  impostor,  and  guilty 
of  crimes  and  offences,  and  of  buying  lottery  tickets,  and 
misappropriating  monies  collected  by  him  from  religious  per- 
sons for  charitable  purposes,  and  for  building  a  Meeting-house 
among  certain  persons  called  Indians, 

On  the  thirteenth  day  of  August  now  last  past,  at  Boston 
aforesaid,  in  the  County  of  Suffolk  aforesaid,  unlawfully, 
maliciously,  and  deliberately  did  compose,  print  atid  publish^ 
and  did  cause  and  procure  to  be  composed,  printed  and  pub- 
lished in  a  certain  newspaper,  called  the  "  Daily  Commercial 
Gazette,"  of  and  concerning  him  the  said  William  Apes,  and 
of  and  concerning  his  said  profession  and  business,  an  unlaw- 
ful and  malicious  libel,  according  to  the  purport  and  effect, 
and  in  substance  as  follows,  that  is  to  say,  containing  there- 
in among  other  things,  the  false,  malicious,  defamatory  and 
libellous  words  and  matter  following,  of  and  concerning  said 
William  Apes,  to  wit:  convinced  at  an  early  period  of  my 
(meaning  his  the  said  Reynolds)  acquaintance  with  William 
Apes,  (meaning  the  aforesaid  William  Apes,)  that  he  (mean- 
ing said  William,)  ivas  not  what  he  (meaning  said  William,) 
professed  to  he  ;  but  was  deceiving  and  imposing  upon  the  be- 
nevolent and  Christian  public,  (meaning  that  said  William 
Apes  was  a  deceiver  and  impostor,)  /  (meaning  said  Rey- 
nolds,) took  all  prudent  means  to  have  him  (meaning  said 
William,)  exposed,  and  stopped  in  his  (meaning  said  William,) 
race  of  guilt,  (meaning  that  said  William  had  been  guilty  of 
immorality,  dishonesty,  irreligion,  offences  and  crimes ;)  these 
men,  (meaning  one  Joseph  Snelling  and  one  Norris,)  ivert 
earnestly  importuned  to  investigate  his  (meaning  said  William,) 
conduct,  and  enforce  the  discipline  (meaning  the  discipline  of 
the  church,)  upon  him  (meaning  said  William,)  for  crimes 
committed  since  his  (meaning  said  William's)  an-ival  in  this 
city,  (meaning  said  city  of  Boston,  thereby  meaning  that  said 
William  Apes  had  been  guilty  of  crimes  in  said  Boston,) 
though  ivell  acquainted  with  facts,  which  are  violently  presum- 
tive  of  his  (meaning  said  William's)  being  a  deceiver,  his 
(meaning  said  William's)  friends  stand  by  him,  (meaning  said 


123 

William's)  and  will  not  give  him  (meaning  said  William,)  up, 
though  black  as  hell,  (meaning  that  said  William  was  a  de- 
ceiver, and  of  a  wicked  and  black  character.-)  JVhen  I  am  in- 
formed that  ht  (meaning  said  William)  is  ordained,  (meaning 
as  a  minister  of  the  gospel,)  that  he  (meaning  said  William,) 
is  hy  permission  of  the  brethren  travelling,  and  permitted  to 
collect  money  to  build  the  house  aforesaid,  (meaning  the  afore-' 
said  Meeting-house,)  for  his  (meaning  said  William's,)  In- 
dian brethren  to  ivorship  God  in,  I  shudder  not  so  much  because 
he  (meaning  said  William,)  is  purchasing  Lottery  Tickets^ 
(meaning  that  said  William  was  purchasing  Lottery  Tickets, 
and  had  spent  some  of  the  aforesaid  money  for  that  purpose,) 
but  because  I  know  of  his  (meaning  said  William's)  pledge 
to  the  citizens  of  JVew  York  and  elsewhere,  to  the  great 
injury,  scandal,  and  disgrace  of  the  said  William  Apes, 
and  against  the  peace  and  dignity  of  the  Commonwealtl^ 
.aforesaid. 

SAMUEL  D.  PARKER,  Attorney  of  said 
Commonwealth,  within  the  County  of  Suffolk, 
PARKER  H.  PEIRCE,  Foreman  of  the  Grand  Jury. 
A  true  Copy. — Attest, 

THOMAS  W.  PHILLIPS,  Clerk  of  the 

Municipal  Court  of  the  City  of  Boston, 

Subsequently,  I  entered  civil  actions  against  two 
others,  for  the  same  offence,  and  had  them  held  to  bail 
in  the  sum  of  fifteen  hundred  dollars,  with  sureties. 
This  soon  made  them  feel  very  sore.  They  had  put 
it  in  my  power  to  punish  thtun  very  severely  for  giv- 
ing rein  to  their  malignant  passions,  and  they  as_ked 
mercy.  I  granted  it,  in  order  to  show  them  that  I 
wanted  nothing  but  right,  and  not  revenge ;  and -that 
they  might  know  that  an  Indian's  character  was  as 
dearly  valued  by  him  as  theirs  by  them.  Would  they 
ever  have  thus  yielded  to  an  Indian,  if  they  had  pot 


124 

been  compelled  ?  I  presume  it  will  satisfy  the  world 
that  there  was  no  truth  in  their  stories,  to  read  their 
confessions,  which  are  as  follows : 

Extract  from  a  letter  written  by  David  Ayres,  to  Elder  T,  F.  Norris, 
dated  New  Orleans,  April  12,  1833. 

"I  have  arrived  here  this  day,  and  expected  to  have  found 
letters  here  from  you,  and  some  of  my  other  brethren  re- 
specting Apes'  suit.  I  never  volunteered  in  this  business,  but 
was  led  into  it  by  others,  and  it  is  truly  a  hard  case  that  I 
must  have  all  this  trouble  on  their  account." 

Extract  of  a  letter  written  by  David  Ayers  to  William  Apes,  dated 
Jxily  I,  1833. 

"  I  am,  and  always  have  been  your  friend,  and  I  never  ex- 
pected that  any  things  I  wrote  about  you,  would  find  their 
way  into  the  public  papers.  I  am  for  peace,  and  surely  I 
have  had  trouble  enough.  1  never  designed  to  injure  you, 
and  when  all  were  your  enemies,  I  was  your  warm  friend." 

Extract  from  a  Itlter  written  by  G.  Thomas  to  Rev.  Thomas  F.  Norris, 
dated  New  York,  July  12,  1833. 

"William  Apes  might  by  some  be  said  to  be  an  excepted 
case  ;  but  when  this  is  fairly  explained  and  understood,  thi» 
would  not  be  the  fact.  My  good  friends  of  Boston,  and  my 
active  little  brother  Ayres,  are  to  blame  fox  this,  and  not  me. 
I  had  no  malice  against  him,  1  never  had  done  other  than 
wish  him  well,  and  done  what  I  hoped  would  turn  out  for  the 
best ;  but  knowing  he  was  liable  to  error  (as)  others,  and  the 
case  being  placed  in  such  colors  to  me,  I  awoke  up ;  and  be-^ 
ing  pressed  to  give  what  I  did  in  detail  as  I  thought,  all  for 
the  good  of  the  cause  and  suffering  innocence  ;  but  1  am 
sorry  I  ever  was  troubled  at  all  on  the  subject;  I  thought  that 
brother  Reynolds  was  a  fine  cateh  ;  but  time  I  acknowledge 
is  a  sure  tell-tale.  And  by  the  by,  they  have  caught  me,  and 
eventually,  unless  Apes  will  stop  proceedings,  I  must  bear  all 
the  burthen.  Reynolds  has  got  his  neck  out  of  the  halter, 
and  Ayres  is  away  South,  and  may  never  return ;  and  poor 
me  must  be  at  all  the  trouble  and  cost,  if  even  the  suit  should 


125 

'go  in  my  favor.  Can  I  think  that  Apes  will  press  it  ?  No.  I 
think  he  has  not  lost  all  human  milk  out  of  his  breast,  and  will 
•dismiss  the  suit ;  and,  as  to  my  share  of  the  cost,  if  I  was 
able,  that  should  be  no  obstacle.  If  he  will  stop  it  all,  if  my 
friends  do  not  settle  it,  I  will  agree  to,  as  soon  a«  I  am  able." 

I  hereby  certify,  that  I  have  copied  the  foregoing  passages 
from  the  letters  purporting  to  be  from  David  Ayres  and  G. 
Thomas,  respectively,  as  above  mentioned,  and  that  said  pas- 
sages are  correct  extracts  from  said  letters.  .  I  further  cer- 
tify, that,  as  the  Attorney  of  said  William  Apes,  I  acted  for 
him  in  the  suits  brought  by  him  against  said  Thomas  and 
Ayres  for  libel,  that  while  said  suits  were  pending,  said  Apes 
manifested  a  forgiving  and  forbearing  disposition,  and  wished 
the  suits  not  to  be  pressed  any  further  than  was  necessary  to 
show  the  falsehood  of  the  statements  of  said  Ayres  and 
Thomas,  and  contradict  them;  and,  that  he  expressed  him- 
self willing  to  settle  Avith  them  upon  their  paying  the  cost, 
and  acknowledging  their  error,  in  consequence  of  which,  by 
direction  from  him,  after  he  had  perused  said  letters,  I  ac-: 
cordingly  discharged  both  suits,  the  bail  of  said  Thomas  and 
Ayres  paying  the  costs,  which  amounted  to  fifty  dollars. 

I  further  certify,  that  during  my  acquaintance  with  said 
Apes,  which  commenced  as  I  think,  in  March  last,  I  have 
seen  nothing  in  his  character  or  conduct,  to  justify  the  re-^ 
ports  spread  about  him,  by  said  Thomas  and  Ayres;  but  on 
the  contrary,  he  has  appeared  to  me  to  be  an  honest  and  well 
disposed  man. 

HENRY  W.  KINSMAN,  No.  33,  Court  Street, 

Boston,  J^ovemher  30,  1833. 

I,  the  subscriber,  fully  concur  in  the  above  statement. 
JAMES  D.  YATES,  Elder  of  the 

Methodist  Protestant  Church. 

The   original  confession   of  Reynolds  being  lost,  I 
trust  that  the  following  certificate  will  satisfy  the  reader 
that  it  has  actually  had  existence. 
11* 


126 

To  whom  it  may  concern. 
This  ia  to  certify  that  I  have  repeatedly  seen,  and  in  one 
instance,  copied  a  paper  of  confession  and  retraction  of  Slan- 
ders, which  the  writer  stated  he  had  uttered,  and  published 
in  papers  of  the  day,  against  William  Apes,  the  preacher  to 
the  Marshpee  tribe  of  Indians,  signed,  John  Reynolds,  and 
countersigned  as  witness,  by  William  Parker,  Esq.  The 
copy  taken  of  the  above  mentioned  confession  by  the  sub- 
scriber, was  sent  to  the  Rev.  T.  R.  Witsil,  Albany,  N.  Y. 
THOMAS  F.  NORRIS,  President  of  the 

Protestant  Methodist  Conference,  Mass. 
Attest,  James  D.  Yates. 
Boston,  May  7,  1835. 

Nevertheless,  lest  this  should  not  be  sufficient,  I  am 
prepared  to  defend  myself  by  written  certificates  of 
my  character  and  standing  among  the  whites  and  na- 
tives, (the  Pcquod  tribe,)  in  Groton.  They  are  as 
fo'lows  : 

We  the  undersigned,  native  Indians  of  the  Pequod  tribe, 
having  employed  Rev.  William  Apes   as  our  Agent,  to  as- 
sist us,  and  to  collect  subscriptions  and  monies  towards  erect- 
ing a  house  to  worship  in,  do  hereby  certify,  that  we  are  sat- 
isfied with  his  agency ;  and  that  we  anticipated  that  he  would 
deduct  therefrom,  all  necessary  expenses,  for  himself  and 
family,  during  the  time  he   was  employed  in  the  agency,  as 
we  had  no  means  of  making  Jiim  any  other  remuneration. 
By  permission,  FREDERICK  X  TOBY, 
LUCRETIA  GEORGE, 
By  permission,  MARY  X  GEORGE, 
By  permission,  LUCY  X  ORCHARD, 

WILLIAM  APES, 
By  permission,  MARGARET  X  GEORGE. 

I,  Pardon  P.  Braton  of  Groton,  in  the  County  of  New  Lon- 
don, and  State  of  Connecticut,  of  lawful  age,  do  depose  and 
say,  that  I  was  present  when  the  above  signers  attached  their 


127 

names  to  the  above  certificate,  by  them  subscribed,  and  am 
knowing  to  their  having  full  knowledge  of  the  facts  therein 
contained  ;  and  further  the  deponent  saith  not. 
4  PARDON  P.  BRATON. 

Grotouy  Dec.  3,  1832. 

County  of  New  London,  ss. — Groton,  Dec.  3,  1832. 
Personally  appeared,  Pardon  P.  Braton,  and  made  solemn 
oath  to  the  truth  of  the  above  deposition,  by  him  subscribed. 
Before  me, 

WILLIAM  M.  WILLIAMS,  Justice  of  the  Peace. 

Groton,  Indian  Town,  Conn. 
This  may  certify,  that  we,  the  subscribers,  native  Indiana 
of  the  Pequod  tribe,  do  affirm  by  our  signatures  to  this  in- 
strument, that  William  Apes,  Senior,  went  by  our  request  as 
Delegate,  in  behalf  of  our  tribe,  to  New  York  Annual  Con- 
ference, of  the  Methodist  Protestant  Church,  April  2,  1831. 
The  above  done  at  a  meeting  of  the  Pequods,  Oct.  6,  1830. 
WILLIAM  APES,  Jr.  Minister  of  the  Gospel, 

and  Missionary  to  that  tribe. 
As  witness  our  hands,  in  behalf  of  our  brethren. 
By  permission,  MARY  ><!  GEORGE, 
By  permission,  LUCY  X  ORCHARD, 

WILLIAM  APES, 
By  permission,  MARGARET  X  GEORGE. 

I,  Pardon  P.  Braton  of  Groton,  New  London  County,  State 
of  Connecticut,  do  depose  and  say,  that  I  am  acquainted  with 
the  Pequod  tribe  of  Indians  empowering  William  Apes,  Sen. 
as  their  Delegate  to  the  New  York  Conference,  as  is  above 
stated  ;  and  further  the  deponent  saith  not. 

PARDON  P.  BRATON. 


New  London  County,  ss. — Groton,  Dec.  3.  1832. 
Personally  appeared.  Pardon  P.  Braton,  and  made  solemn 
oath  to  the  truth  of  the  above  deposition,  by  him  subscribed. 
Before  me, 

WILLIAM  M.  WILLIAMS,  Justice  of  the  Peace, 


12S 

To  all  whom  it  may  concern. 
This  may  certify,  that  we,  the  undersigners,  are  acquaint- 
ed with  William  Apes  and  his  tribe,  of  Pequod,  and  that  we 
live  in  the  neighborhood  with  them,  and  know  all  their  pro- 
ceedings as  to  their  public  affairs,  and  that  Mr.  Apes,  as  far 
as  we  know,  has  acted  honest  and  uprightly ;  and  that  he  has 
done  his  duty  to  his  Indian  brethren,  as  far  as  he  could  con- 
sistently. And  that  he  has  duly  made  known  his  accounts, 
and  appropriated  the  monies  that  was  in  contemplation  for  the 
Indian  Meeting-house,  for  the  Pequod  tribe;  and  we  also 
certify  that  said  monies  shall  be  duly  appropriated.  ^     . 

Dated  North  Groton,  Conn,  Aug.  28,  1832. 

JONAS  LATHAM, 

ASA  A.  GORE, 

JOHN  IRISH, 

WILLIAM  M.  WILLIAMS. 


4 


AIV   IJVQUIRY 

INTO  SHE 

EDUCATION  AXD  RELIGIOUS  INSTRUCTION 

OF  THE 

MARSHPEE   INDIANS. 


On  the  subject  of  the  means  taken  to  educate  the 
Indians,  I  will  say  a  few  words  in  addition  to  what  has 
already  been  said,  because  we  \visli  to  show  that  we 
can  be  grateful  when  we  have  favors  bestowed  on 
us.  Up  to  1835,  the  State  had  done  nothing  for  edu- 
cation in  Marshpee,  except  build  us  two  School-houses 
in  1831. 

Last  winter  the  subject  came  up  in  the  Legislature 
of  distributing  the  School  fund  of  the  State  among  the 
tow^ns.  A  bill  was  reported  to  the  House,  in  which 
Marshpee  was  made  a  School  District,  and  entitled  to 
receive  a  dividend  according  to  its  population  by  the 
United  States  census.  Now  this  was  meant  well,  and 
we  feel  obliged  to  the  Committee  wdio  thought  so  much 
o[  us  as  this  ;  but  had  the  law  passed  in  that  shape,  it 
would  have  done  us  no  good,  because  we  have  no 
United  States  census.  The  people  of  Marshpee,  nor 
the  Selectmen  knew  nothing  of  this  law  to  distribute 
the  School  fund,  and  our  pretended  missionary,  Mr, 
Fish,  never  interested   himself  in  such  matters;  but 


130 

our  good  friend  Mr.  Hallett,  at  Boston,  thought  of  us, 
and  laid  our  claims  before  the  Committee,  by  two 
petitions  which  he  got  from  the  Selectmen  and  from 
himself,  and  the  Commissioner.  We  are  told  that 
the  chairman  of  the  School  Committee,  Hon.  A.  H. 
Everett,  took  much  interest  in  getting  a  liberal  allow- 
ance for  education  in  Marshpee.  He  was  once  before 
a  warm  friend  to  the  Cherokees,  and  his  conduct  now 
proved  that  he  was  sincere.  He  presented  the  peti- 
tions and  proposed  a  law  which  would  give  us  one 
hundred  dollars  a  year  forever,  for  public  Schools  in 
Marshpee,  which  w^as  the  largest  sum  that  had  been 
asked  for  by  our  friend  Mr.  H.  A  number  of  gen- 
tlemen spoke  in  favor  of  this  allowance,  and  all  show- 
ed that  a  spirit  of  kindness  as  well  as  justice  toward 
the  long  oppressed  red  men,  begins  to  warm  the  hearts 
of  those  who  make  our  laws,  and  rule  over  us.  We 
trust  we  are  thankful  to  God  for  so  turning  the  hearts 
of  men  toward  us. 

The  Bill  passed  the  House  and  also  the  Senate, 
without  any  objection,  and  it  is  now  a  law  of  the  State 
of  Massachusetts,  that  the  Marshpee  Indians  shall 
have  one  hundred  dollars  every  year,  paid  out  of  the 
School  fund,  to  help  them  educate  their  children. 
Our  proportion  as  a  District,  according  to  what  other 
towns  receive,  would  have  been  but  fifteen  dollars.  By 
the  aid  of  our  friends,  and  particularly  of  our  counsel, 
(Mr.  H.)  who  first  proposed  it,  we  shall  now  receive 
one  hundred  dollars  a  year ;  and  I  trust  the  Indians 
will  best  show  their  gratitude  by  the  pains  they  will 
take  to  send  their  children  to  good  schools,  and  by 
their  raising  as  much  more  money  as  they  can,  to  get 


131 

good  instriicters ;  and  give  the  rising  generation  all  the 
advantages  which  the  children  of  the  whites  enjoy  in 
schooling.  This  will  be  one  of  the  best  nneans  to  raise 
them  to  an  equality,  and  teach  them  to  put  away  from 
their  mouths  forever,  the  enemy  which  the  white  man, 
when  he  wanted  to  cheat  and  subdue  our  race,  first  got 
them  to  put  therein,  to  steal  away  their  brains,  well 
knowing  that  their  lands  would  follow. 

The  following  are  the  petitions  presented  to  the 
Legislature,  w^hich  will  give  some  light  on  the  history 
of  Marshpee. 

To  the  Honorable  General  Court : 

The  undersigned  are  Selectmen  and  School  Committee  of 
the  District  of  Marshpee.  We  understand  your  Honors  are 
going  to  make  a  distribution  of  the  School  Fund.  Now  we 
pray  leave  to  say  that  the  State,  as  the  guardians  of  the 
Marshpee  Indians,  took  our  property  into  their  possession,  so 
that  we  could  not  use  a  dollar  of  it,  and  so  held  it  for  sixty 
years.  We  could  make  no  contract  with  a  school-master,  and 
during  that  time,  till  1831,  we  had  no  school  house  in  Marsh- 
pee, and  scarcely  any  schools.  We  began  to  have  schools 
about  five  years  ago,  but  still  want  means  to  employ  compe- 
tent white  teachers  to  instruct  our  children.  Our  fathers 
often  petitioned  the  Legislature  to  give  them  schools,  but 
none  were  given  till  1831,  when  the  State  generously  built 
U3  two  school-houses. 

We  also  beg  leave  to  remind  your  Honors  that  our  fathers 
shed  their  blood  for  liberty,  and  we  their  children  have  had 
but  little  benefit  from  it.  When  a  continental  regiment  of 
four  hundred  men  were  raised  in  Barnstable  county,  in  1777, 
twenty-seven  Marshpee  Indians  enlisted  for  the  whola  war. 
They  fought  through  the  war,  and  not  one  survives.  After 
the  war  our  fathers  had  sixty  widows  left  on  the  Plantation? 
whose  husbands  had  died  or  been  slain.  We  have  but  one 
man  living  who  draws  a  pension,  and  not  a  widow.     We  pray 


132 

you,4,herefore,  to  allow  toMarshpee,  out  of  the  School  Fund, 

a  larger  amount  in  proportion  than  is  allowed  to  other  towaa 

and  districts  who  have  had  better  means  of  education,  and  to 

allow  us  a  certain  sum  per  year — and  as  in  duty  bound,  will 

ever  pray. 

EZRA  ATTAQUIN,  )  Selectmen  and  School 
ISAAC  COOMBS,  >  Committee  of  Marsh- 
iSRAEL   AMOS,  )      P^e  District. 


To  the  Honorable,  the  Senate  and  House  of  Representatives  in  Gene- 
ral Court  assembled : 

The  undersigned  be'g  leave  to  represent  in  aid  of  the  peti*- 
lion  of  the  Selectmen  and  School  Committee  of  the  District  of 
Marshpee,  praying  for  a  specific  appropriation  from  the  School 
Fund  for  the  support  of  public  schools  in  said  district,  that  we 
are  acquainted  with  the  facts  set  forth  in  said  petition,  and 
believe  that  the  cause  of  education  could  no  where  be  more 
promoted  in  any  District  in  the  Commonwealth  than  by 
making  a  specific  annual  allowance  to  said  Marshpee  District, 
The  Legislature  have  made  a  specific  annual  appropriation  of 
fifty  dollars  to  the  Indians  on  Martha's  Vineyard  for  public 
schools,  and  the  undersigned  are  of  opinion,  that  an  annual 
appropriation  of  double  that  amount,  would  be  no  more  than  a 
fair  relative  proportion  for  the  District  of  Marshpee.  It  is 
highly  important  that  the  District  should  be  able  to  employ 
competent  white  teachers,  until  they  can  find  a  sufficient 
number  of  good  teachers  among  themselves,  which  cannot  be 
expected  until  they  have  enjoyed  greater  means  of  education 
than  heretofore.  The  undersigned  therefore  pray  that  the 
petition  of  said  Selectmen  may  be  granted,  by  giving  a 
specific  annual  allowance  to  said  District. 

BENJ.  F.  HALLETT,  Counsel  for  the  Marshpee  Indians. 

CHARLES  MARSTON,  Commissioner  of  Marshpee. 

Here  it  v.-jll  be  seen  that  the  missionary  for  the  In- 
dians on  Martha's  Vineyard,  did  not  go  to  sleep  over 
his  flock,  or  run  after  others  and  neglect  what  ought  to 
be  his  own  fold,  as  did  the  missionary,  iMr.  Fish,  whom 


% 
^ 


133 

Harvard  College  sent  to  the  Marshpees,  and  pays  for 
preaching  to  white  men.  Mr.  Bayley,  ihe  white  mis- 
sionary on  the  Vineyard,  as  I  understand,  took  pains  to 
send  a  petition  lo  Boston,  and  he  got  fifty  dollars  a 
year  for  our  hrethren  there,  of  which  we  are  glad. 
From  all  we  can  judge  of  Mr.  Fish,  we  should  have 
sooner  expected  that  instead  of  trying  to  help  our 
schools,  he  would  opposed  our  getting  any  thing  for 
schools,  as  he  also  opposed  our  getting  our  liberty. 
He  has  done  nothing  for  us,  about  our  schools,  and 
even  tried  to  set  the  Indians  against  their  counsel,  Mr. 
Halleit,  by  pretending  he  had  lost  his  influence.  When 
Mr.  Fish  does  as  much  for  our  liberty,  and  for  our 
schools,  as  Mr.  Hallett  has  done,  we  will  listen  to  his. 
advice. 

Mr.  Bayley,  the  missionary  on  [he  Vineyard, we 
understand  has  but  two  hundred  dollars  a  year  from 
Harvard  College,  while  Mr.  Fish,  at  Marslipee,  has 
between  four  and  five  hundred,  and  wrongly  uses  as 
his  own  about  five  hundred  acres  of  the  best  land  on 
the  plantation  belonging  to  the  Indians.  Tlie  Legisla- 
ture in  1809,  took  this  land  from  the  Indians,  without 
any  right  to  do  so,  as  we  think,  and  thus  compel  them, 
against  tlie  Constitution,  to  pay  out  of  their  property  a 
minister  they  never  will  hear  preach.  Is  this  religious 
liberty  for  the  Indians  ?  Mr.  Fish  is  now  cutting  per- 
haps, 200  cords  of  wood,  justly  belonging  to  the  In- 
dians, when  there  is  scarce  five  who  will  go  and  hear 
him  preach  in  the  Meeting-house,  erected  by  the  Briiisli 
Society  for  propagating  the  gospel  among  the  Indians, 
and  given  to  the  Indians,  but  in  which  Mr.  Fish  now 
preaches  to  the  whites,  (having  but  one  colored  male 
12 


134 

ineinber  of  his  church,")  and  keeps  the  key  of  it,  for 
fear  that  lis  lawful  owners,  the  Indians,  shosild  go  in  it, 
vviihout  his  leave.  He  will  not  let  them  have  it  for 
holding  a  camp  meeting,  or  for  any  religious  purpose. 
Last  August  we  invited  Mr.  Hallett  to  come  and 
address  us  on  Temperance,  and  to  explain  to  us  the 
laws.  We  appointed  to  meet  at  the  Meeting-house, 
as  the  most  central  place.  Mr.  Fish  -at  first  refused  to 
let  the  Indians  go  into  their  own  i\ieeiirig-house,  and 
r'je  people  began  to  assemble  under  the  trees,  when  it 
was  proposed  for  the  Selectmen  to  go  and  ask  for  the 
key,  that  they  might  see  if  Mr.  Fish  would  refuse  it. 
At  this  moment,  a  white  man  who  had  been  there  some 
time,  and  had  tried  to  pick  a  quarrel  with  I\lr.  Hallett 
and  the  Indians, f  said  he.was  sent  by  Mr.  Fish  with 
the  key,  and  would  let  the  people  in,  if  they  would 
promise  to  come  out  when  he  told  them  to.  Mr.  Hal- 
lett declined  going  in  on  such  terms,  and  proposed  to 
hold  tlie  meeting  imder  the  trees.  This  shamed  the 
juessenger  of  Mr.  Fish,  and  he  opened  the  door,  and 
the  people  went  in,  where  Mr.  Hallett  addressed  them. 
While  the  Indians  were  thus  gratified  in  meeting  their 
friends,  and  in  hearing  good  advice  from  Mr.  Hallett, 
on  temperance  and  their  affairs,  Mr.  Fish's  messenger 
interrupted  the  speaker,  in  a  very  abrupt  and  indecent 
manner,  and  tried  to  bring  on  a  quarrel  and  break  up 
the  meeting.  Captain  George  Lovell,  always  a  friend 
to  the  !ndirins,  tried  to  keep  Mr.  Crocker  still,  and 
Mr.  Hallett  declined  having  any  co-Uroversy,  yet  the 
man  persisted  in  his  abuse,  until  he  broke  up  the  meet- 

*He  is  not  an  Indian,  nor  an  original  proprietor. 
fThis  was  Mr.  Alvin  Crocker,  who  had  formsrly  enjoyed  more  ben- 
feSts  from  the  Plaiitatiou,  than  he  does  un-lor  iba  opw  law 


* 
Mt 


135 

ing.  Had  it  been  thought  best,  this  insulting  ambas- 
sador would  have  been  put  out  of  the  house  as  a  com- 
mon brawler  and  disturber ;  but  Mr.  Hallett  forbore 
to  have  any  controversy  with  him.  He  afterwards 
met  the  Indians  in  their  School-houses,  and  delivered 
two  addresses  witijout  interruption  from  the  emissaries 
of  Mr.  Fish.  This  is  a  sample  of  the  way  the  Indians 
have  been  treated  about  their  own  Meeiing-house.  In 
some  of  the  old  petitions,  the  Indians  speak  of  this 
Meeting-house  as  our  ]\Ieeting-house,  and  it  was  buiii 
for  them,  without  a  dollar  from  the  white  men  of  this 
country,  except  when  the  Legislature,  at  the  petition 
of  the  Indians,  repaired  it  in  1816.  And  now,  no  In- 
dian can  go  inside  of  it,  but  by  the  permission  of  Mr. 
Fish,  whom  they  w-ill  not  hear  preach. 

It  seems  that  the  Indians  are  not  to  have  the  benefit 
of  any  thing  given  to  them.  It  must  all  go  to  the  whites. 
The  whites  have  our  Meeting-house,  and  make  Marsh- 
pee  pay  about  one-third  the  sup|)ortof  a  minister  they 
will  not  hear  preach.  The  other  two-thirds  comes 
from  a  fund.  In  1711,  a  pious  man  named  Williams^ 
died  in  England,  and  in  his  will  he  said,  "  I  give  the 
remainder  of  my  estate  to  be  paid  yeaily  to  the  Col- 
lege of  Cambridge,  in  New  England,  or  to  such  as  are 
usually  employed  to  manage  the  blessed  work  of  con- 
verting the  poor  Indians  there,  to  promote  which,  I 
design  this  part  of  my  gift." 

This  was  the  trust  of  a  dying  man,  given  to  Harvard 
College,  that  great  and  honorable  Liteiary  Institution. 
And  how  do  they  fulfil  the  solemn  trust  ?  They  have 
been  and  still  are  paying  about  five  hundred  dollars  a 
year  to  a  missionary  for  preaching  to  the  whites.     This 


136 

missionary,  by  his  own  statement,  [see  Mr.  Hallett's 
argument,]  shows  lie  has  added  to  his  church  twenty 
members  from  the  tribe  of  over  three  hundred  persons, 
in  tiventy-two  years.  Is  not  tiiis  more  expensive  in 
proportion  to  the  good  done,  than  any  heathen  mission 
on  record  ?  Mr.  Fish  lias  now  been  preaching  in 
Marshpee  twenty-four  years.  \n  that  time  he  has  re- 
ceived from  the  Williams  fund,  given  solely  to  convert 
the  poor  Indians,  about  five  lumdred  dollars  a  year,  as 
high  as  can  be  ascertained,  which  is  twelve  thous- 
and DOLLARS  for  persuading  twenty  colored  persons 
to  join  his  church.  This  is  six  hundred  dollars  for 
every  member  added  to  his  church,  and  if  his  other 
pay  is  added,  it  amounts  to  nine  hundred  dollars  for 
each  member. 

Besides  this,  Mr.  Fish  has  derived  an  income,  we 
think  not  much,  if  any,  short  of  two  hundred  and  fifty 
dollars  a  year,  from  the  wood-land,  pasturage,  marshes, 
Meeiing-house,  house  lot,  &z.c.  which  he  has  wrongfully 
held  and  used  of  the  poperty  of  the  Indians.  Add 
this  to  his  pay  from  Harvard  College,  and  he  has  had 
EIGHTEEN  THOUSAND  DOLLARS,  of  moncy  that  be- 
longed to  the  Indians,  and  which,  if  it  had  been  laid 
up  for  a  fund,  would  have  supplied  missionaries  for  all 
the  Indians  in  New  England,  according  to  the  will  of  the 
pious  Mr.  Williams.  We  respect  the  President  and 
Trustees  of  Harvard  College.  They  are  honorable 
men  and  mean  to  do  right,  but  I  ask  them  to  look  ai 
this  statement,  then  to  read  the  will  of  Mr.  Williams, 
and  laying  their  hands  upon  their  heart,  to  ask  in  the 
presence  of  the  God  of  the  Indian  as  well  as  the 
white  man,  whether  they  have  done  unto  the  Indians 


137 

of  New  England  and  iheir  cliildreOj  as  they  would 
ihat  the  Indians  should  do  unto  them  and  their  chil- 
dren ?  We  are  told  that  we  mi^ht  bring  a  suit  in 
equity,  or  in  some  w^ay,  to  compel  the  Trustees  of  the 
Williams  fund,  to  distribute  it  as  the  pious  donor  meant, 
not  for  the  conversion  of  the  whites,  even  to  the  taking 
away  from  the  Indians  of  their  Meeting-house  and 
lands,  but  for  "  the  blessed  work  of  converting  the 
poor  Indians,"  as  Mr.  Williams  says  in  his  will. 

But  it  is  hard  for  Indians  to  contend  in  the  courts  of 
white  men,  against  white  men.  We  can  liave  none  of 
our  people  to  decide  such  questions,  and  wliat  could 
we  do  against  all  the  power  and  influence  of  the  Cor- 
poration of  Harvard  College  ?  If  the  President  and 
Fellows  of  riar\ard  College  prefer  to  deal  unjustly  by 
the  poor  Indians,  and  violate  the  trust  of  ^Ir.  Williams, 
by  giving  the  funds  to  the  whites  instead  of  the  poor 
Indians,  they  must  submit  to  the  wrong,  we  suppose, 
for  there  are  none  strong  enough  to  help  them.  They 
can  take  the  money  from  the  Indians,  but  cannot  com- 
pel them  to  hear  a  preacher  they  dislike. 

Some  people  may  say  that  William  Apes  wants  to 
get  what  Mr.  Fish  has,  but  all  he  asks  is,  that  Harvard 
College  and  the  State  will  not  support  an  established 
religion  in  Marshpee,  but  leave  the  Indians  free  to 
choose  for  themselves.  Mr.  Williams  did  not  give  his 
property  to  the  Marshpee  Indians,  mere  than  to  any 
others.  It  was  designed  for  all  the  Indians  in  New 
England,  and  we  cannot  see  what  right  Harvard  College 
has  to  give  it  all  for  the  whites  neai:  Marshpee  and  the 
Indians  on  Martiia's  Vineyard.  If  they  are  afraid  that 
blind  Joseph  or  William  Apes,  the  Indian  preachers, 
1^* 


1^8 

should  have  any  of  this  money,  if  it  is  withdrawn  from 
Mr.  Fish,  let  them  take  it,  and  send  a  missionary  ainong 
the  Marshpee  Indians  they  like.  Or  let  them  employ 
a  rnan,  some  Elliot,  if  they  can  find  one,  to  visit  all 
the  Indians  in  New  England,  to  find  out  their  condi- 
tion and  spiritual  wants,  and  try  to  relieve  them.  This 
would  be  doing  some  good  with  money  that  is  now  only 
used  to  disturb  the  Indians,  to  take  from  them  their 
Meeting-house,  to  create  divisions  among  them,  and 
turn  what  the  pious  Williams  meant  for  a  blessing  into 
a  curse  to  the  Indians.  What  would  the  pious  Williams 
say  to  Harvard  College,  could  he  visit  Marshpee  on  a 
Sabbath  ?  He  miirht  sro  to  the  Meetin2;-House  built 
for  the  Indians,  by  the  society  in  England,  of  which  I 
believe  he  was  a  principal  member.  He  would  find  a 
white  man  in  the  pulpit,  v.hiie  singers  leading  the  wor- 
ship, and  the  body  of  the  church  occui)ied  by  seventy 
or  a  hundred  while  persons,  of  the  neighboring  villa- 
ges, scarcely  one  of  whom  lives  on  the  plantation. 
Among  these  he  would  see  four,  five,  six,  or  possibly 
ten  persons  with  colored  skins  ;  not  but  one  male  among 
them  belonging  to  the  church.  He  would  probably 
think  he  had  made  a  mistake,  and  that  he  was  in  a 
white  town,  and  not  among  the  Indians.  He  might 
then  go  to  the  house  of  blind  Joseph,  (the  colored 
Baptist  preacher.)  or  to  the  School-house  in  Marshpee, 
and  he  would  there  find  twenty,  thirty,  or  forty  Indians, 
all  engaged  in  the  solemn  worship  of  God,  united  and 
happy,  with  a  little  church,  growing  in  grace.  He 
might  then  visit  the  other  School-house,  at  the  neck, 
where  he  would  find  William  Apes,  an  Indian,  preach- 
ing to  fifty,  sixty,  or  seventy,  and   sonieiimes  an   hun- 


139 

dred  Indians,  all  uniting  in  fervent  devotion.  After 
the  sermon,  he  would  liear  a  word  of  exhortation  from 
several  of  the  colored  brethren  and  sisters,  in  their 
broken  way,  but  which  often  touches  the  heart  of  the 
Indian,  more  than  all  the  learning  that  Harvard  Col- 
lege can  bestow.  He  would  hear  the  Indians  singing 
praises  to  God,  and  making;  melody  in  their  hearts  if 
not  in  their  voices.  What  would  he  say  then,  when 
told  that  Harvard  College  had  paid  twelve  thousand 
dollars  of  his  funds  for  converting  the  poor  Indians,  to 
the  while  minister,  who  had  made  twenty  membersin 
twenty-four  years,  while  the  two  Indian  preachers, 
with  forty-seven  members  to  I  heir  churches,  added  in 
three  years,  were  like  St.  Paul,  laboring  with  their  own 
hands  for  a  subsistence  ? 

All  the  Indians  ask  of  Harvard  is,  take  away  your 
pretended  gift.  Do  not  force  upon  us  a  minister  we 
do  not  like,  and  who  creates  divisions  among  us.  Let 
us  have  our  .Meeting-house  and  our  land,  and  we  will 
be  content  to  worship  God  without  the  help  of  the 
white  man. 

This  Meeting-house  might  as  well  be  in  India  as  in 
Marsh  pee,  for  all  the  benefit  the  Indians  have  of  it. 
It  is  kept  locked  all  the  time,  with  the  key  in  Mr. 
Fish's  possession.  It  is  seen  that  he  would  not  let 
the  Baptist  church  of  Indians  have  it  to  ordain  their 
beloved  pastor,  blind  Joseph  in,  and  we  see  how  it 
was  granted  to  the  Indians,  when  they  wanted  it  for 
Mr.  Halletl  to  address  them  last  summer.  Not  only 
were  we  forbidden  the  use  of  the  Meeting-house,  but 
even  the  land  which  the  Legislature  unconstitutionally 
as  we  think,  took  from  the  Indians  to  give  to  Mr.  Fish, 


140 

is  considered  by  liim  loo  holy  to  be  defiled  by  the  In- 
dians, who  are  its  true  owners. 

Last  summer,  sometime  in  July,  tny  church  desired 
to  have  a  Camp-meeiinii,  of  which  we  had  had  one  be- 
fore, attended,  as  we  believe,  with  a  great  blessing.  We 
selected  a  spot  some  distance  from  the  Meeting-house, 
in  a  grove,  beside  the  river;  but  though  not  in  sight  of 
the  Meeting-house,  it  was  on  tlie  ground  which  Mr. 
Fish  thinks  has  been  set  apart  for  his  sole  use.  After 
the  notice  was  given  of  the  Camp-meeting,  I  received 
from  Mr.  Fish  the  following  note,  which  is  here  re- 
corded, as  an  evidence  of  the  Christian  spirit  with 
which  a  church  in  Marshpee.  consisting  of  thirty-five 
members,  who  were  Indians,  was  treated  and  molested 
in  their  worship,  by  the  missionary  Harvard  College 
has  paid  so  liberally  to  "convert  the  poor  Indians," 
and  who  had  but  five  Indians  in  his  church,  not  ojnti 
being  a  male  member. 

Marshpee,  July  19,  1834. 
Mr.  Wm.  Apes, 

Sir, — Perceiving  by  a  notice  in  the  "Barn- 
stable Journal,"  of  last  week,  that  you  have  appointed  a 
Cainp-meeting-,  to  commence  on  the  3Cth  inst.  and  to  be  hoi- 
den  on  the  Parsonage,  and  in  the  vicinity  of  the  Meeting- 
house, 

This  is  to  forbid  the  proceeding  altogether  I 
You  have  no  pretence  for  such  a  measure  ;  and  if  yon  per- 
sist in  your  purpose  to  hold  such  Meeting,  either  near  the 
Meeting-house,  or  on  anij  part  of  the  Parsonage  allotment,  you 
must  consider  yourself  responsible  for  the  consequences. 

I  am  &c. 

PHINEAS  FISH. 
Rev.  WiLLiAii  Apes. 


141 

Soon  after  this,  the  Selectmen,  one  of  whom  was  a 
member  of  my  chiirch,  applied  to  Mr.  Fish  respecting 
holding  the  Camp-meeling  on  the  parsonage.  The 
place  selected  could  not  have  disturbed  Mr.  Fish,  any 
more  than  people  passim^  in  carriages  in  the  main  road. 
We  had  no  Meeting-house,  our  School-houses  would 
not  hold  the  people,  and  we  had  no  other  means  but 
to  erect  our  tents  and  worship  God  in  the  open  air. 
A  pious  family  of  whites  from  JNantucket,  came  on 
the  ground,  and  began  erecting  their  tent.  Mr.  Fish 
came  there  in  person  and  ordered  them  off.'  The  man 
told  him  that  he  had  his  family  there,  and  had  no  other 
shelter  for  the  night  but  his  tent,  wdiich  he  should  not 
remove,  but  would  do  so  the  next  day,  if  he  found 
that  he  was  trespassirig  on  any  man's  rights.  But  he 
added,  if  Mr.  Fish  turned  liim  off,  he  would  publish 
his  conduct  to  the  world.  Mr.  Fish's  interference  to 
break  up  our  religious  meeting,  created  much  talk,  and 
finally  he  wrote  the  following  letter  to  the  Selectmen  ; 
after  which  we  went  on  and  had  our  meeting,  in  a 
quiet,  orderly  and  peaceful  manner,  and  we  believe  it 
was  a  season  of  grace,  in  which  the  Lord  blessed  us. 

To  the  Selectmen  of  Marshpee. 

On  mature  thought,  and  in  compliance  witli  your  particular 
request,  I  consent  to  your  holding  the  Camp-meeting,  which 
is  this  day  commenced,  on  the  spot  near  the  river,  where  the 
first  tent  was  erected.  I  consent,  (I  say,)  on  the  following 
conditions,  viz :  That  you  undertake  that  no  damage  corae 
upon  the  parsonage  property,  either  wood  land,  or  Meeting- 
house ;  that  no  attempt  be  made  to  occupy  the  Meeting- 
house ;  that  there  be  no  attempt  on  the  Sabbath,  or  any  other 
day,  to  interrupt  the  customary  worship  at  the  Meeting-house, 


142 

and,  that  peace,  order,  and  quietude  be  maintained  during  the 
time  of  the  Camp-meeting.  It  is  also  distinctly  understood, 
that  this  license  is  of  special  favor,  and  not  conceded  as  your 
right,  and  no  way  to  be  taken  as  a  ground  for  similar  requests 
in  future,  or  for  encouraging  any  future  acts  of  annoyance, 
vexation,  or  infringement  of  the  quiet  possession  of  the  priv- 
ileges, secured  to  me  by  the  Laivs.  And  that  should  any 
damage  be  done  in  any  way  as  aforesaid,  you  will  consider 
yourselves  responsible  to  the  proper  authorities. 

With  my  best  wishes  for  your  welfare,  your  friend, 

PlilNEAS  FISH. 
Marshpee,  July  30,  1834. 

The  reader  may  now  ask,  how  came  IMr.  Fish  in 
possession  of  this  property,  wliich  he  claims  to  liold  by 
the  Laws  ?  I  am  at  liberty  to  publish  here,  the  follow- 
ing views  of  the  law  and  the  facts  in  th.e  case,  drawn  up 
by  legal  counsel  whom  the  Selectmen  have  consulted. 
And  here  i  take  my  leave. 

OPINION  AS  TO  THE  TITLE  REV.  PHINEAS  FISH 
HAS  TO  THE  PARSONAGE,  SO  CALLED,  IN 
MARSHPEE. 

The  first  act  of  the  General  Court  which  interfered 
with  the  right  of  the  Indians  to  sell  their  own  lands,  all 
of  whicii  lliey  owned  in  common  in  Marshpee  Planta- 
tion, (including  what  is  now  called  the  parsonage,)  was 
in  1650,  which  provides  that  no  person  shall  buy  land 
of  any  Indian  without  license  of  the  General  Court. 
In  1605,  this  was  extended  to  grants  for  term  of  years. 
In  iGOo,  the  Indians  were  put  under  guardianship. 

In  1701,  an  Act  was  passed  specially  to  protect  the 
Indians  in  the  enjoyment  of  their  lands.  [Col.  Laws, 
page  J  50.]  It  also  shows  why  the  restriction  in  the 
sale  of  tlieir  lands  was  adopted. 


143 

"  Whereas,  the  government  of  the  late  Colonies  of  the 
Massachusetts  Bay  and  New  Plymouth,  to  the  intent  the  na- 
tive Indians  mi^ht  not  be  injured  or  defeated  of  their  just 
rights  and  possessions,  or  be  imposed  on  and  abused  in  selling 
and  disposing  of  their  lands,  and  thereby  deprive  themselves 
of  such  places  as  were  suitable  for  their  settlement",  did  in- 
Iiibit  the  purchase  of  land  without  consent  of  the  General 
Court,  notwithstanding  which,  sundry  persons  have  made  pur- 
chases, &c.  ;  therefore,  all  such  purchases  of  lands  were  va- 
cated, with  the  exception  of  towns,  or  persons  who  had  ob- 
tained lands  from  the  Indians,  and  also  by  virtue  of  a  grant 
or  title  made  or  derived  by  or  from  the  General  Court.  All 
leases  of  land  from  Indians  for  any  term  or  terms  of  years  to 
be  void,  unless  license  was  obtained  for  such  lease  from  the 
County  Court  of  Sessions.  Provided^  nevertheless,  that  noth- 
ing in  this  act  shall  be  held  or  deemed  in  any  wise  to  hinder, 
defeat  or  make  void  any  bargain,  sale  or  lease  of  land,  mad© 
by  an  Indian  to  another  Indian  or  Indians. 

1718.  This  is  the  first  act  which  took  from  the  Indiana 
their  civil  capacity  to  make  contracts.  It  says,  "  whereas, 
notwithstanding  the  care  taken  and  provided  (by  the  former 
act,)  a  great  wrong  and  injury  happens  to  said  Indians,  na- 
tives of  this  country,  by  reason  of  their  being  drawn  in  by 
small  gifts,  or  small  debts,  when  they  are  in  drink,  and  out  of 
capacity  to  trade,  to  sign  unreasonable  bills  or  bonds  for  debts 
which  are  soon  sued,  and  great  charge  brought  upon  them, 
when  they  have  no  way  to  pay  the  same,  but  by  servitude"; 
therefore  no  contract  whatever  shall  be  recovered  against  any 
Indian  native,  unless  entered  into  before  two  Justices  of  the 
Peace  in  the  County,  both  to  be  present  when  the  contract  Ik 
executed  by  the  Indian. 

The  act  of  1725,  recognizes  the  rli^hts  of  Indians  to 
employ  persons  to  build  houses  on  tlieir  own  lands. 
Their  own  lands  then  were  the  commons,  including  the 
parsonage. 


144 

In  1763,  Marshpee  was  incorporated  as  a  District, 
including  the  land  now  called  the  parsonage.  "  Be  ii 
enacted,  he.  that  all  the  lands  belonging  to  the  In- 
dians and  mulattos  in  Mashpee  be  erected  into  a  dis- 
trict, by  the  name  of  Mashpee."  The  Proprietors 
are  empowered  to  meet  "  in  the  public  meeting 
HOUSE,"  [the  one  now  claimed  by  Mr.  Fish,]  to  elect 
a  Moderator,  five  Overseers,  two  to  be  Englishmen,  a 
town  Clerk  and  Treasurer,  being  Englishmen,  two 
Wardens,  and  one  or  more  Constables.  The  majori- 
ty of  the  Overseers  had  the  sole  power  to  regulate  the 
fishery,  to  lease  such  lands  and  fisheries  as  are  held  in 
common,  not  exceeding  for  two  years,  and  to  allot  to 
the  Indians  their  upland  and  meadows.  This  act  was 
to  continue  for  three  years  and  no  longer.  It  does  not 
appear  ever  to  have  been  revived.  The  revolutiona- 
ary  war  intervened,  and  there  is  no  act  after  1766, 
until  the  act  of  1788,  after  tlie  revolutionary  war, 
which  last  act  put  the  Indians  and  their  lands  under 
strict  guardianship. 

In  this  interval  between  1766  and  17S8,  the  only 
transaction  on  which  Mr.  Fish  can  found  any  claim  to 
the  parsonage  took  place.  There  was  then  either  no 
law  existing,  which  could  empower  any  person  to  se- 
quester and  set  apart  the  lands  of  the  Indians,  or  the 
law  of  1693,  (if  that  of  1763  had  expired,)  was  re- 
vived, by  which  tha  guardianship  again  attached  to 
the  Indians.  The  Indians,  it  is  believed,  continued  to 
choose  their  own  Overseers,  under  the  charter  of  1763,. 
after  it  had  expired,  and  without  any  authority  to  do 
so.  It  was  the  only  government  they  had  during  the 
troubles  of  the  revolution. 


»    • 


145 

We  now  come  to  the  first  evidence  of  any  thing  re- 
lating to  the  parsonage  land  heins;  set  ap;nt  from  the 
common  land.  This  was  in  178?,  and  the  following 
is  the  Deed  from  the  Records  of  Biirnstahle  County, 
and  the  only  deed  relating  lo  this  properly. 

DEED  OF  MARSHPEE  PARSONAGE. 

Know  all  Men  hj  these  Presents,  That  we,  Lot  Nye,  Mat- 
thias Amos,  Moses  Pognet,  Selectmen,  and  Israel  Halfday, 
Joseph  Amos  and  Eben  Dives,  of  the  district  of  Marshpee, 
/or  the  support  of  the  Gospel  iii  said  Marshpee  in  all  future  gen-^ 
erations,  according  to  the  discipline  and  worship  of  the  Church 
in  this  place^  which  is  Congregational^  do  allot,  lay  out,  and 
sequester  forever,  a  certain  tract  of  land,  being-  four  hundred 
acres  more  or  less,  lying  within  the  Plantation  of  Marshpee, 
and  being  Indian  property,  whicli  is  to  lay  as  a  parsorage  for- 
ever and  to  be  improved  and  used  for  th^  sole  purpose  aforesaid; 
and  tlie  said  tract  or  parcel  of  land  for  the  said  Parsonage,  is 
situated  on  the  East  side  of  Marshpee  river,  and  bounded  as 
follows,  viz:  Beginninij  at' a  certain  spring  of  fresh  water 
which  issues  from  the  head  a  small  laggoon  on  the  East  side 
of  Marshpee  river  aforesaid,  and  runs  into  said  river  a  small 
distance  below,  and  South  of  the  spot  where  negro  Scipio 
and  his  wife  Jemimai  liad  their  house,  which  is  now  removed, 
and  from  thence  running  due  East  into  the  land  until  it  comes 
to  the  great  road  which  leads  into  Marshpee  Neck,  so  called 
and  from  thence  Northwardly  bearing  Eastward  as  the  said 
road  runs,  until  it  comes  to  the  great  road,  which  is  the  com- 
mon road  from  Barnstable  to  Falmouth,  and  then  bounded  by 
the  last  mentioned  road  Northwardly,  and  running  Westward- 
ly  until  it  comes  to  Ashir's  road,  then  crossing  Falmouth  road 
and  running  in  Ashir's  path  till  it  comes  to  Marshpee  river 
aforesaid,  and  then  upon  the  said  river  Southwardly,  and 
on  the  East  side,  until  it  comes  to  the  first  station,  leaving 
Quokin,  and  Phillis  his  wife,  quiet  in  their  possessions  • 
which  tract  of  land,  (except  Mary  Richards'  fields  and  plan- 
tation,) which  is  within  the  said  boundaries,  and  wood  for 
13 


^m 


146 

Mary's  own  use,  and  fencing  stuff  for  her  fences  as  they  now 
stand,  with  all  the  appurtinances  and  privileges  thereunto  be^ 
longing,  shall  be  forever  for  the  important  purpose  of  propa- 
gating the  Gospel  in  Marshpee,  without  any  let,  hindrance  or 
molestation.  In  confirmation  whereof,  we  have  hereunto  set 
our  hands  and  seals,  this  seventh  day  of  January,  one  thous- 
and seven  hundred  and  eighty-three.  1783. 
LOT  NYE,    - 

MATTHIAS  ><!  AMOS,  his  mark. 
MOSES  X  POGNET, 
N.  B.  Before  the  insealing  the  premises,  reserve  was  made 
by  the  signe-rs  of  this  instrument,  for  the  heirs  of  Mary  Rich- 
ards,  that  they  forever  be  allowed  her  in  her  life  time,  and 
Abraham  Natumpum  and  his  heirs,  be  allowed  severally  to 
enjoy  and  possess  Scipio's  cleared  spot  of  land,  and  fencing 
stuff  for  the  same. 

ISRAEL  X  HALFDAY,  his  mark. 
JOSEPH  X  AMOS, 
EBEN  X  DIVES, 


T  •        r?  Gideon  IIawlet, 

In  possession  of  ^g,^^^  Fish. 


Received  November  10,  1800,  and  is  recorded  in  the  25th' 
Book  of  Records,  for  the  County  of  Barnstable,  folio  139,  and 
compared. 

Attest,  EBENEZER  BACON,  Register, 

Lot  Nye  was  a  white  man,  a  great  Indian  specula- 
tor. The  other  five  were  Indians,  two  calling  them- 
selves Selectmen.  iNow  what  power  had  these  men 
in  1783,  to  sequester  four  hundred  acres  of  the  com- 
mon land  of  the  Indians,  for  any  purpose  1  If  they 
were  Selectmen,  and  had  any  power,  that  power  was 
expressly  limited  hy  the  act  of  1763,  to  leasing  lands 
for  a  term  not  exceeding  two  years.  Here  they  un- 
dertook to  make  a  perpetual  grant,  a  sort  of  dedica- 
tion of  the  property  to  a  certain  purpose.  If  they 
could   dispose  of  one  acre   so,  they  mighi   with    equal 


147 

propriety,  have  disposed  of  the  whole  Plantation.  The 
Indians  were  all  tenants  in  common,  and  no  dedication 
or  transfer  of  the  common  land  could  be  made,  with- 
out a  legal  partition,  or  tlie  consent  of  every  individual 
tenant.  If  the  pretended  Selectmen  acted  for  the  In- 
dians, they  could  only  do  so  by  power  of  attorney  to 
act  for  all,  the  tenants  in  common.  There  is  no  other 
possible  legal  way,  by  which  land,  the  fee  of  which 
is  owned  by  tenants  in  common,  can  be  transferred, 
either  in  fee  or  in  occupancy  out  of  their  possession  for- 
ever. But  besides,  no  act  of  the  Indians  was  then  valid 
unless  confirmed  by  the  General  Court.  This  deed, 
therefore,  of  1783,  was  void  at  the  time.  It  seems 
nothing  was  done  with  it,  until  1800,  seventeen  years 
after,  when  it  was  recorded  in  the  Barnstable  County 
Registry  of  Deeds,  at  whose  instigation  does  not  ap» 
pear.  Now  in  1800,  when  this  deed  was  recorded, 
the  Indians  were  legally  minors,  and  could  do  no  act, 
and  make  no  contract.  All  the  power  their  Select- 
men had  in  1783,  was  taken  away.  They  were  un- 
der five  Overseers,  who  had  power  to  improve  and 
lease  the  lands  of  the  Indians  and  their  tenements,  but 
no  power  to  sell,  sequester  or  dedicate  any  part  of  them. 
The  Overseers  had  no  power  to  take  a  dollar  from  the 
Indians,  for  religious  worship.  While  this  was  the 
condition  of  the  Indians  under  the  law  of  1789,  (which 
continued  in  full  force,  with  an  additional  act  in  1819, 
till  the  new  law  of  1834,)  the  deed  was  recorded  in 
1800,  seventeen  years  after  it  was  made  by  persons 
who  had  no  power  at  all  to  make  such  a  deed.  The 
professed  object  was  to  set  apart  400  acres,  of  the 
^mmon  land,  lying  in  Marshpee,  "  and  being  Indian 


14S 

property  y^  for  a  parsonage,  forever.  The  clear  title  then 
was  in  the  liidinris  as  tenams  in  common,  for  the  deed 
so  declares  it,  in  1783.  The  pnrsonai^e  was  theirprop- 
erty  then.  How  has  it  ever  heen  conveyed  out  of 
their  hands?  Hie  j)nrpose  for  which  this  land  was 
to  be  used,  as  secpiesiered  hy  Lot  Nye,  &z,c.  was  for 
the  sole  purpose  aloresaid,  viz.  "  For  the  support  of 
the  Gospel  in  Maishpee  in  allfuture  generations,  ac- 
cording to  the  discipline  and  worship  of  the  Church 
in  this  place,  winch  is  Congregational."  And  this 
property,  says  the  (\ee^,  "  shall  be  forever  for  the  im- 
portant purpose  of  propigaiing  tlie  gospel  in  Marshpee, 
without  any  let,  hindrance  or  molestation." 

This,  tlien  w^as  the  design  of  the  original  sigaers  of 
this  deed,  who  had  no  right  lo  sign  such  a  deed  at  all. 
Their  object  was  lo  promote  the  gospel  in  Marshpee, 
but  how  has  it  turned  out  ?  Tlie  property  has  been  used 
for  twenty-four  years,  to  pay  a  minister  wlio  preatlres 
to  the  whites,  and  whom  the  Indians  with  very  few  ex- 
ceptions, will  not  hear.  Is  not  this  a  gross  perversion 
of  the  design  of  the  donors,  even  if  they  had  any 
power  to  have  made  this  grant  I  No  lawyer  will  pre- 
tend that  the  grant  wiis  not  void,  under  this  deed  alone. 
There  was  no  grantee,  no  legal  consideration,  and  no 
power  to  convey.  The  deed  remained  on  record,  until 
1809,  when  the  following  act  wts  p.issed  by  the  Legisla- 
ture, attempting  to  confirm  a  deed  made  26  years  be- 
fore, by  men  who  had  no  power  to  make  such  deed. 

Commonwealth  of  Massachusetts, 

House  of  Representatives^  June  15,  1809. 
On  the  representation  of  the  Overseers  of  the  Indian  Plan- 
tation of  Marshpee,  in  the  County  of  Barnstable,  stating  in 


149 

behalf  of  said  Indians,  that  it  would  be  conducive  to  their  in- 
terests, that  a  certain  grant  and  allotment  of  lands  therein  de- 
scribed, formtrlij  owned  by  said  Indians,  for  the  support  of 
the  gospel  ministry  among  them,  should  be  confirmed  and 
rendered  valid. 

Resolved,  That  a  certain  gr»nt  or  allotment  of  land  made 
by  Lot  Nye,  Matthias  Amos,  Moses  Pognet,  Isaac  Halfdayj 
Joseph  Amos,  and  Eben  Dives,  of  the  District  of  Marshpee, 
in  the  County  of  Barnstable,  as  appears  by  their  deed  by  them, 
and  by  them  signed,  sealed  and  executed,  on  the  seventh  day 
of  January,  one  tliousand  seven  hundred  and  eighty-three,  and 
recorded  in  the  Registry  of  Deeds,  in  and  for  said  County  of 
Barnstable,  in  the  fifty -fiftJi  book  thereof,  and  I'SV'ih  folio  of 
said  book,  said  land  being  400  acres  more  or  less,  according 
to  said  deed,  be  and  the  same  hereby  is  confirmed  and  ren- 
dered valid  to  all  intents  and  purposes  by  them  in  their  said 
deed  expressed,  and  the  said  tract  of  land  shall  be  and  remain 
forever  as  a  parsonage,  for  the  use  and  benefit  of  a  Congrega- 
tional gospel  minister,  as  expressed  and  declared  in  their  said 
«leed.     Sent  up  for  concurrence. 

TIMOTHY  BIGELOW,  Speaker. 

In  Senate,  June  19,  1809, 

Read  and  concurred. 

n.  G.  OTIS,  President, 
June  19,  1809,  Approved,  C.  GORE. 

[True  Copy.] 

Now,  if  the  deed  was  not  valid  in  1783,  without 
the  concurrent  action  of  the  General  Court,  it  could 
not  be  niade  valid  by  an  act  of  the  General  Court. 
26  years  afterwards.  Besides,  the  land  had  been 
in  possession  of  the  Indians,  by  virtue  of  their  title, 
more  than  twenty  years,  after  the  making  of  the  pre- 
tended deed.  The  power  of  the  grantors,  if  lljey.ever 
had  any  power,  had  long  expired,  and  Marshpee  was 
governed  by  new  laws.  We  might  as  well  hold  that 
13* 


150 

an  act  passed  by  the  House  of  Representatives  in 
1783,  could  be  made  valid  by  a  concurrence  of  the 
Senate,  in  1609. 

It  is  plain,  therefore,  that  unless  the  General  Court 
liad  power  without  the  consent  of  the  Indians,  to  se- 
quester this  land  in  1809,  the  setting  of  it  apart  from 
the  common  land,  is  wholly  void,  and  an  act  of  mere 
arbitrary  power.  But  the  general  Court  never  assum- 
ed the  power  to  convey  any  land  for  any  purpose,  be- 
longing to  the  Indians  without  their  consent.  Where 
and  hou'  was  their  consent  given  to  this  act  of  1809? 
They  were  minors  in  law,  and  could  give  no  such  con- 
sent. Their  Overseers  could  give  none  for  them,  for 
their  power  only  extended  to  alloting  laws  to  the  In- 
dians, and  leasing  them.  The  pretence,  therefore, 
that  this  was  done  at  the  request  of  the  Overseers,  - 
gives  no  strength  to  the  act. 

Let  another  fact  be  remarked.  The  original  seques- 
tration  in  1783,  was  to  promote  the  gospel  in  Marsh- 
pee.  The  General  Court  profess  to  confirm  and  ren- 
der valid  the  deed  of  Lot  Nye  and  others,  but  they 
say  that  this  four  hundred  acres  "  shall  remain  forever 
as  a  parsonage  for  the  use  and  benefit  of  a  Congrega- 
tional gospel  minister,  as  expressed  in  their  said  deed.'* 

Now  no  such  thing  is  expressed  in  their  deed. 
There  is  not  a  word  about  a  Congregational  minister ; 
only  "  for  the  support  of  the  gospel,  according  to  the 
discipline  and  worship  of  the  church  in  this  place, 
which  is  Congregational." 

The  General  Court,  therefore,  gave  a  construction 
to  the  deed,  which  the  deed  never  warranted.  The 
whole  proceeding  must  be  illegal  and  void.      The  fee 


151 

still  remains  in  the  Tndiansj  and  no  power  existed  to 
take  it  from  them  without  their  whole  consent  as  ten- 
ants in  common,  which  they  have  never  given,  and 
could  not  give,  because  they  were  in  law  minors.  Mr. 
Fish  was  sent  to  Marshpee  as  a  minister,  and  ordained 
in  1811.  The  Indians,  as  a  society,  never  invited  him 
to  come,  or  settled  him.  They  never  gave  him  posses- 
sion of  the  land  or  Meeting-house.  They  were  then 
minors  in  law,  and  could  give  no  consent.  The  white 
Overseers  and  Harvard  College,  were  the  only  powers 
that  undertook  to  give  Mr.  Fish  possession  of  the 
property  of  the  Indians-.  It  is  true,  he  has  held  it 
twenty  years,  but  the  statute  of  quiet  possession  does 
not  run  against  minors.  The  Indians  were  declared 
minors,  and  could  bring  no  action  in  court. 

This  is  the  true  history  of  the  parsonage  and  Meet- 
ing-house now  wrongfully  held  by  Mr.  Fish.  Have 
not  the  Indians  a  right  to  their  own  property  ]  Has 
the  Legislature  and  Harvard  College,  a  right  to  estab- 
lish a  religion  by  law  in  Marshpee,  and  take  the  prop- 
erty of  the  Indians  to  support  a  minister  they  will  not 
hear  ?  Where  did  the  General  Court  get  any  power 
to  give  away  the  property  of  the  Indians,  any  more 
than  the  lands  of  white  men,  held  in  common  ?  They 
cannot  take  the  properly  of  the  Indians  to  support  a  pri- 
vate individual.  Was  it  then  a  public  use  ?  But  the 
Constitution  says  "  no  part  of  the  property  of  any  in- 
dividual, can  with  justice  be  taken  from  him,  or  appli- 
ed to  public  uses,  without  his  own  consent,  or  that  of 
the  representative  body  of  the  people,  and  whenever 
the  public  exigencies  require  that  the  property  of  any 
individual  should   be   appropriated  to  public  uses,  he 


\5'Z 

shall  receive  a  reasonable  compensation  therefor." 
Apply  this  to  the  act  of  the  General  Court,  by  which 
Mr.  Fish  holds  four  hundred  acres  of  the  connnon 
lands  of  the  Indians,  against  their  consent,  and  for 
which  they  never  received  a  dollar,  and  answer.  Is  not 
ihe  Constitution  violated,  every  day  he  is  suffered  to 
remain  on  the  plantation,  against  their  consent,  sub- 
sisting on  the  properly  of  the  poor  Indians,  not  to  ben- 
efit them,  but  to  preach  to  the  whites? 

Look  at  this  subject  also,  in  connexion  with  religious 
freedom.  The  old  ailicle  of  the  Consiilulion,  gave 
the  Legislature  power  to  require  the  towns  to  provide 
for  public  worship  at  their  own  expense,  where  tliey 
neglected  to  make  such  provisions  themselves  ;  but  it 
also  provided  that  the  towns,  &ic.  "shall  at  all  times 
have  the  exclusive  right  of  electing  their  public  teachers, 
and  of  contracting  with  them  for  their  support  and 
maintenance." 

This  right  the  Indians  have  never  had  in  regard 
to  Mr.  Fish,  nor  did  they  neglect  to  sujiport  wor- 
ship, and  if  tliey  did,  the  Legislature  had  no  power 
to  take  their  property  and  set  it  apart,  but  njight  im- 
pose a  tax  or  a  fine. 

But  what  says  the  amended  article  on  this  subject 
of  religious  freedom  1  "  The  several  religious  societies 
of  this  Commonwealth,  (the  ludian  as  well  as  thti 
while  nian.)  wiieiher  corporate  or  unincoiporate,  shall 
ever  have  the  right  to  elect  their  pastors  or  religious 
teachers,  to  contract  with  them  for  their  suppoit,  to 
raise  money  for  the  erecting  and  repairing  houses  of 
public  worship,  for  the  maintenance  of  religious  in- 
struction, and  all  religions  sects  and  denominations,  de- 


153 

meaning  themselves  peaceably,  and   as  good  ciiizens, 
shall  be  equally  under  the  prelection  of  the  law." 

Are  the  Indians  at  Marshpee,  protected  in  the  same 
manner  ihe  whiles  are,  in  their  re!iii,ious  freedom  1  The 
Indians  tliink  not,  and  with  good  reason  ;  and  yet  they 
cannot  get  redress.  They  have  warned  Mr.  Fish  lo 
leave  their  property  ;  they  have  dismissed  him  as  their 
minister,  if  he  ever  were  such,  and  liave  forbidden  his 
using  their  Meeting  liouse,  or  carrying  off  their  wood. 
But  he  persists  in  holding  and  using  their  property,  as 
they  say  wrongfully,  and  even  piohibils  their  havi  ig  a 
religious  meeting  in  the  woods,  without  his  consent. 
He  is,  it  is  stated-,  at  this  time  employing  men  to  cut 
and  cart  wood  off  the  plantation,  for  his  support,  and 
it  is  supposed  he  will  thus  take  of  the  projieity  really 
belonging  to  the  Indians^  about  two  hundred  cords  of 
wood  the  present  year. 

iSlovv  if  this  land  belongs  in  common  to  the  Marsh- 
pee  Indians,  as  they  contend  it  does,  Mr.  Fish  find  the 
white  men  he  employs,  (and  it  is  understood  he  em* 
ploys  no  others.)  violate  the  law  of  1834,  and  are  lia- 
ble to  indietmenl.  That  law  says,  ''  that  no  person 
other  than  proprietors  or  inhabitants  of  said  Dstiict, 
shall  ever  cut  wood  [upon  the  common  lands,]  or 
transport  the  same  therefrom.  And  every  p^^rson  of- 
fending against  this  provision,  shall  be  liable  lo  indict- 
ment therefor,  and  upon  conviction,  shall  pay  a  fine  of 
not  less  ihan  fifty,  nor  more  than  one  hundred  dollars, 
to  the  uce  of  said  District.'*  In  this  mode,  by  indict- 
ing the  white  men  employed  by  Mr.  Fish,  to  cut  and 
carry  off  wood,  the  question  could  be  tried,  which  is 
simply  whether  the  fee  of  the  parsonage   is  in  the  In-. 


154 

dians,  or  whether  it  is  in  Mr.  Fish,  who  never  had  any 
deed  of  it  in  any  way.  The  parsonage  was  common 
land  in  1783.  Has  it  been  legally  changed  since  in  its 
title,  is  the  question.  But  even  in  this  matter,  as  we 
are  informed,  the  courts  of  justice  which  are  open  to 
white  men,  are  closed  to  the  poor  Indians.  At  the 
last  session  of  the  court  in  Barnstable,  the  Selectmen 
of  Marshpee  complained  against  the  white  men  em- 
ployed by  Mr.  Fish,  for  cutting  wood  on  their  com- 
mon lands.  The  District  Attorney  on  ascertaining 
that  the  wood  was  taken  from  the  parsonage,  so  call- 
ed, undertook  to  decide  the  whole  question,  before  it 
went  to  the  court,  as  it  is  stated  to  us,  and  without  any 
examination  as  to  Mr.  Fish's  title,  refused  to  act  upon 
the  complaint.  Had  the  indictment  been  found,  the 
question  could  have  gone  to  ihe  Supreme  Court,  and 
been  there  settled.  The  Indians  now  must  either  sub- 
mit to  be  wronged  until  some  prosecuting  officer  wiit 
hear  their  complaints,  or  they  must  apply  for  an  in- 
junction, to  stop  Mr.  Fish  cutting  any  more  of  their 
wood.  These  are  believed  to  be  substantially  the  facts 
and  the  law,  in  this  case.  They  are  left  with  a  can- 
did public  to  consider,  and  to  form  their  opinion  on,  if 
they  cannot  be  shown  to  be  unfounded. 

It  should  be  understood  that  the  Committee  who  re- 
ported the  act  of  1834,  giving  the  new  law  to  the  In-^ 
dians,  did  not  decide  any  question  touching  the  par- 
sonage. They  treated  all  the  plantation  as  lands  own- 
ed in  common.  It  has  been  said  that  the  Chairman  of 
the  Committee,  Mr.  Barton,  had  given  an  opinion  that 
Mr.  Fish  was  entitled  to  hold  the  property.  This 
is  incorrect.      To  obviate  such  an   impression,   Mr. 


155 

Hallett,  the  counsel  for  the  Indians,  wrote  to  Mr.  Bar- 
ton, and  received  the  following  reply,  which  will  fully 
explain  the  position  in  which  the  question  was  left  by 
the  Legislature.  In  the  views  expressed  by  Mr.  Barton, 
Mr.  Hallett  fully  concurs.  Too  much  praise  cannot 
be  given  to  Mr.  Barton  for  the  zeal,  patience  and  abil- 
ity with  which  he  discharged  the  duties  of  Chairman 
of  the  Committee. 

Worcester,  July  1,  18S4* 
Dear  Sir, 

I  last  evening  received  your  favor  of  the  28th  ultv 
The  Committee  of  the  Legislature,  who  had  in  cliarge  the 
Marshpee  business,  intentionally  avoided  expressing  any  opin- 
ion in  regard  to  the  tenure  by  which  Mr.  Fish  held  the  par- 
sonage. In  our  report  we  merely  adverted  to  the  facts,  that  in 
1783,  Lot  Nye,  and  several  Indians  granted  400  acres  of  the 
common  land,  "to  be  forever  for  the  important  purpose  of  prop- 
agating the  Gospel  in  Marshpee."  There  were  no  grantees 
named  in  the  deed.  In  1809,  the  General  Court  confirmed 
this  grant  of  a  parsonage,  to  be  held  forever  for  a  Congrega- 
tional Gospel  Minister."  We  found  Mr.  Fish  in  possession 
of  the  parsonage,  as  such  a  minister.  But  whether  by  virtue 
of  said  grant,  and  his  settlement  at  Marshpee  he  could  hold 
the  parsonage,  as  a  sole  corporation,  we  regarded  it  as  a  ques- 
tion of  purely  a  judicial  character,  and  one  with  which  it  was 
'^ not  expedient, ^^  and  might  we  not  have  tLdded  propei-,  "for 
the  Legislature  to  interfere."  [f  Mr.  Fish  has  rights  under 
these  grants,  and  by  virtue  of  his  settlement,  I  know  you  will 
agree  with  me,  that  the  Legislature  can  do  nothing  to  divest 
him  of  them.  And  if  he  had  no  such  right,  we  were  not  dis- 
posed to  create  them.  I  am  entirely  satisfied  with  the  course 
which  the  Committee  took  in  relation  to  the  parsonage ;  and 
the  circumstance  that  questions  are  now  agitated  in  relation  to 
it,  show  that  in  one  particular,  at  least,  the  Committee  acted 
judiciously.  We  left  the  parsonage  precisely  as  we  found  it; 
Usaring  to  another  branch  of  the  government  the  appropriate 


156 

responsibility  of  settling  all  questions  growing  out  of  the 
grant  of  1783,  the  confirmation  of  1809,  and  tlie  settlement 
of  Mr.  Fioli.  Could  we  by  legislation  settle  those  questions, 
it  might  have  been  our  duty  to  do  so,  for  the  sake  of  the  har- 
mony of  the  District.  But  it  seems  to  me  that  any  such  at- 
tempt would  have  had  a  tendency  to  create  new  difficulties, 
rather  than  to  diminish  old  ones. 

A  word  in  regard  to  my  advice  to  Mr.  Fish.  I  received  a 
letter  from  Mr.  Fish  some  time  since,  in  which  he  expressed 
soma  apprehensions  that  an  attempt  would  be  made  by  the 
natives  to  take  possession  of  the  Meeting-house,  parsonage, 
&.C.  His  letter  enclosed  rather  a  singular  communication, 
signed  by  the  Selectmen  of  Marshpee.  I  did  not  keep  a  copy 
of  my  answer  to  Mr.  Fish,  but  recollect  distinctly  the  sub- 
stance of  it.  I  alluded  to  the  authority  of  the  Legislature  in 
the  premises  as  I  have  above.  That  they  intended  to  leave 
the  parsonage  as  they  found- it,  without  undertakmg  to  limit 
or  modify  the  effect  of  former  acts.  That  the  appropriate 
mode  for  the  natives  to  ascertain  their  rights  to,  or  to  obtain 
possession  of,  the  parsonage,  &c.  was  by  resorting  to  the 
courts.  That  any  forcible  attempt  by  single  individuals  to 
obtain  possession  of  the  Meeting-house,  Slc.  would  be  a  tres- 
pass ;  that  if  numbers  combined  for  that  purpose,  it  would 
constitute  a  riot.  I  take  it  I  hazarded  no  professional  reputa- 
tion by  giving  these  opinions.  For  you  very  well  know,  that 
they  would  be  correct,  Mr.  Fish  being  in  peaceable  posses- 
sion of  the  premises,  whether  he  were  so  by  seisin  or  disse- 
isin, by  right  or  by  wrong.  I  hope,  my  dear  sir,  that  our  ex- 
periment in  regard  to  the  affairs  of  our  Marshpee  friends  may 
ret  succeed.  If  not,  I  think  we  may  console  ourselves  as 
one  of  old  did :  that  if  Rome  must  fall,  we  are  innocent. 
I  am,  very  respectfully  yours, 

J.  BARTON. 


157 

The  Legislature  having  thus  left  the  question,  lo  be 
deciSed  by  the  Courts,  if  Mr.  Fish  insists  on  holding 
the  parsonage,  the  inquiry  raust  arise  on  legal  princi- 
ples, how  was  Mr.  Fish  settled  in  Marshpee,  and  by 
what  ri^ht  does  he,  as  a  sole  corporation,  or  otherwise, 
hold  the  parsonnge,  as  an  allotment  set  apart  forever 
for  the  support  of  a  Congregational  minister,  in  Marsh- 
pee  ?  Harvard  College  in  which  he  was  then,  or  had 
been  a  tutor,  sent  him  there  as  a  missionary  under  the 
Williams  fund.  The  Legislature  took  no  part  what- 
ever in  the  settlement.  The  Overseers  permitted  him 
to  take  possession  of  the  Meeting-house  and  the  par- 
sonage land,  so  called,  and  it  is  understood  that  they 
consented  he  should  cut  the  annual  growth  of  the  wood 
off  the  parsonage.  But  even  admitting  that  the  Over- 
seers could  so  dispose  of  the  property  of  the  Indians, 
for  promoting  a  particular  religious  worship  in  Marsh- 
pee,  (which  is  explicitly  denied,)  could  they  convey 
any  thing  to  Mr.  Fish  beyond  the  period  of  their  own 
existence  1  By  the  law  establishing  the  Overseers, 
they  had  no  power  beyond  leasing  land  for  two  years. 
How  then,  could  the  Overseers  grant  for  life  to  Mr. 
Fish  the  improvement  of  the  parsonage  and  Meeting- 
house ?  They  might  have  given  it  to  him  from  year 
to  year,  while  they  were  in  office,  but  on  the  abolition 
of  the  Overseers,  in  1834,  and  a  restoration  of  civil 
rights  to  the  owners  of  the  fee  of  the  parsonage,  the 
Marshpee  Proprietors,  how  could  Mr.  Fish  continue 
to  hold  the  parsonage  against  their  will  ?  Was  it  by 
virtue  of  his  settlement,  so  that  he  now  claims  the  land 
as  a  sole  corporation  1  But  a  minister  cannot  be  set- 
tled or  constituted  a  sole  corporation,  without  a  parish 
14 


158 

to  settle  him.     "A  minister  of  a  parish  seized  of  lands 
in  its   right  as  parsonage  lands,  is  a  sole  corporation^ 
and  on  a  vacancy,  the  parish  is  entitled  to  the  profits  ;'* 
2d  Dane's  Abrg.  342.     7  Mass.  Rep.  445.     Mr.  Fish 
is  not  seized  of  a   parsonage  in  right  of  any  parish  or 
religious  society,  and  therefore  he  cannot  be  a  sole  cor- 
poration.     In    point  of  fact,  there  was  no  legal  parish 
in  Marshpee,  when  Mr.  Fish  went  there  and  took  pos- 
session, under  the  Overseers,  and  not  in   right  of  the 
parish.      A   parish  or   precinct  as  the  law  then   was, 
must  be  a  corporation  entitled   and  required  to  support 
public  worship,  and  having  all   the  powers  and  privile- 
ges necessary  for  that  purpose.     (See  8th  Mass.  Rep. 
91.)     And   where   there   has  been  no  parish  as  such 
created  in  a  town,  the  town  itself  will  be  considered  a 
parish.     (15  Mass.  Rep.  296.)     Marshpee  was  not  a 
town.     The  Marshpee  Indians  were  minors  in  law,  and 
there  was  no  legal  parish  to  settle  a  minister,  or  to  hold 
a  parsonage,  and  no  one  to   make   contracts  as  such. 
Harvard  College  had  no   power  to  settle  a  minister  in 
Marshpee,   nor  had   the  Overseers   any  such   power. 
Their  supervision  was  temporal  and  not  ecclesiastical. 
Besides,  the  actual  Congregational  society  which  sub- 
'=tnd  in   Marshpee,  when  Mr.  Fish  was  sent  there,  \v\ 
1811,  was  composed   of  a  majority  of  whites.      Mr. 
Fish   himself  testified  before   the  Committee,  that  the 
church   at   Marshpee,   in  1811,   consisted   of   sixteen 
whiles  and   but  five  colored  persons.       Tlie  church 
members  were  a  majority  of  whites,  so  that  even  had 
the  church   voted   to   settle   Mr.  Fish,  it  would  have 
been   a  vote  of  white   men  bavins;  no  interest  in  the 
premises,  and   not  of  Indian   Proprietors.       Mr.  Fish 


159 

admits  that  the  church  passed  no  vote.  It  was  asserted 
by  one  of  the  old  Overseers,  Mr.  Havvley,  that  five  In- 
dians called  on  hitn,  after  Mr.  Fish  had  preached  there, 
and  personally  expressed  a  wish  to  have  him  stay  with 
them,  but  there  was  no  official  act,  and  no  vote  of  the 
church  or  society,  and  no  assent  of  the  Proprietors  of 
Marsh  pee  in  any  form. 

Who  were  the  Congregational  church,  and  who  the 
society  in  Marshpee,  in  1811  ?  A  regularly  gathered 
Congregational  church,  is  composed  of  several  persons 
associated  by  covenant  or  agreement  of  church  fellow- 
ship, (9th  Mass.  277.)  and  a  church  cannot  exist  for 
any  legal  purposes,  except  as  connected  with  a  con- 
gregation or  some  regularly  constituted  religious  socie- 
ty. (16  Mass.  488.)  Where  there  aie  no  special 
powers  given  to  the  church  by  the  Legislature,  the 
church  cannot  contract  with  or  settle  a  minister,  but 
that  power  resides  wholly  in  the  parish,  of  which  the 
members  of  the  church,  who  are  inhabitants,  are  a 
part.  (9  Mass.  Reports,  277.  Burr  vs.  First  Parish 
in  Sandwich. 

We  have  seen  that  there  was  no  legal  parish  in 
Marshpee,  in  1811,  and  therefore  the  Congregational 
church,  if  there  were  such  then,  had  no  power  to  set- 
tle Mr.  Fish,  even  had  they  done  so,  which  they  did 
not.  A  parish  may  elect  a  public  teacher,  and  con- 
tract to  support  him,  without  the  consent  of  the  church, 
if  he  be  ordained  by  a  council  invited  by  the  parish  ; 
but  in  Mr.  Fish's  case,  he  was  ordained  by  the  request 
and  under  the  direction  of  the  President  and  Corpora- 
tion of  Harvard  College,  the  Trustees  of  the  Williams 
fund,  with  the  assent  of  the  Overseers.     There  is  then 


160 

no  ground  whatever  for  assuming  that  Mr.  Fish  ever 
was  settled  legally  over  a  Congregational  parish  in 
Marshpee,  so  as  to  establish  him  a  sole  corporation,  to 
hold  the  lands  belonging  to  the  Proprietors  of  Marsh- 
pee,  under  the  dedication  deed  of  1783.  If  that  deed 
and  the  subsequent  act  of  1809,  conveyed  any  thing, 
the  conveyance  was  for  the  use  of  the  inhabitants  as  a 
parsonage,  there  being  no  parish  in  Marshpee,  distinct 
from  the  Plantation.  In  such  case,  it  would  be  held 
to  be  a  grant  to  Marshpee,  (that  is  the  town,)  for  the 
use  of  its  ministers,  (14  Mass.  333.)  The  grant, 
therefore,  could  it  be  regarded  as  such,  was  to  the 
whole  Proprietors  of  Marshpee,  and  they  must  first 
settle  a  minister  before  he  could  claim  the  use  of  the 
grant  as  a  minister  of  the  parish. 

Neither  has  Mr.  Fish,  even  if  he  had  been  legally 
settled,  any  just  right,  under  the  deed  of  1783,  to  take 
the  whole  parsonage,  because  that  deed  states  the 
principal  object  of  the  sequestration  of  the  land  to  be, 
for  the  important  purpose  of  promoting  the  gospel  in 
Marshpee,  and  merely  referred  to  the  only  worship 
then  known  there,  which  was  Congregational.  When 
Mr.  Fish  went  there  in  1811,  there  was  a  Baptist 
church,  and  they  objected  to  his  taking  possession  of 
the  parsonage. 

There  is  a  case  in  point  in  the  13th  Mass.  Rep. 
190,  which  decides,  that  where  the  original  Proprie- 
tors of  a  township  appropriated  a  lot  of  land  for  a  par- 
sonage, and  at  the  same  time  voted  that  they  would 
endeavor  that  a  Congregational  minister  should  be  set- 
tled in  the  township,  such  vote  ought  not  to  be  con- 
strued to  limit  the  benefit  of  the  parsonage  to  a  minis- 
ter of  the  Congregational  order,  and  that  if  the  inhab- 
itants of  the  parish  should  become  Christians  of  any 
other  Protestant  sect,  they  w^ould  be  entitled  to  the 
land,  and  that  a  Congregational  society,  incorporated 
as  a  full  parish  would  have  no  right  to  the  parsonage. 
Neither  can  a  parish  convey  a  parsonage  to  a  minister 
to  be  held  by  him  in  his  personal  right.       By  this  de-. 


161 

cision,  the  Baptist  or  Methodist  church   in  Marshpee 
have  as  good  claim  to  the  parsonage  as  Mr.  Fish  has. 

The   dedication,  or  whatever  it  may  be  called,  of 
Marshpee   parsonage,  was  made  by  Lot  Nye,  &c.  in 
1783,  and  confirmed   in  1809,  by  the  General  Court. 
Mr.  Fish  did  not  become  a  minister  in  Marshpee,  until 
1811.     Whoever  settled  him  there,  for  the  Indians  did 
not,  made  no  stipulation  as  to  the  income  of  the  par- 
sonage, which  could  bind  the  Plantation.      The  socie- 
ty only,  could  make  such  stipulation,  and  they  did  not 
act  in  the  premises.      The  Overseers  could  make  no 
stipulation  either  to  bind  the  parish  or  the  proprietors, 
because  their  power  only  extended  to  giving  a  lease  of 
land  not  exceeding  two  years.     In  the  case  of  Thomp- 
son vs.  the  Catholic  Congregational   Society  in  Reho- 
both,  (5th  Pickering,  469,)  it  was  seiiled  that  where 
there  was  a  ministerial  fund  in  a  parish,  and  the  socie- 
ty settled   a  minister  stipulating  to  pay  him  a  salary, 
without  taking  any  notice  of  the   income  of  the  fund, 
he  must  he  considered  as  accepting  the  salary  as  a  full 
compensation,  and  the  society  are  entitled  to  the  fund. 
Harvard  College  setded  -Mr.   Fish  in   Marshpee,  and 
agreed  to  pay  him  about  five   hundred  dollars,  or  two- 
thirds  the  proceeds  of  the  Williams  fund.     The  socie- 
ty to  which  Mr.  Fish  was  sent  to  preach,  took  no  no- 
tice of  the  parsonage,  nor  did  the  Proprietors  of  Marsh- 
pee, hence  Mr.  Fisli  cannot  hold  the  proceeds  of  the 
parsonage   by  right  of  succession,   or  by  stipulation, 
either  from  the  society  or  the  Marshpee  Proprietors, 
and  therefore  the  Proprietors  of  Marshpee  are  entitled 
to  the  parsonage. 

There  is  one  other  consideration  that  might  legally 
deprive  Mr.  Fish  of  his  rights  in  the  parsonage,  even  if 
he  acquired  any  by  the  transaction  in  1811,  which  is 
denied.  When  he  went  to  Mai^shpee,  and  first  preach- 
ed there,  he  was  of  the  Unitarian  faith,  and  so  contin- 
ued some  time.  Subsequently,  (and  most  undoubtedly 
from  high  conscientious  motives,)  he  became  Oriho-< 
14* 


162 

dox  in  his  creed,  and  has  remained  so  ever  since. 
[This  fact  has  been  named  by  the  President  of  Har- 
vard College,  as  one  reason  why  the  Williams  fund  has 
continued  to  be  diverted  from  its  proper  use ;  the  deli- 
cacy Harvard  College  felt  at  dismissing  Mr.  Fish,  lest 
it  should  be  ascribed  to  persecution,  for  his  change  of 
sentiments  from  Unitarian  to  Orthodox.] 

But  if  Mr.  Fish  claims  to  hold  the  parsonage  by  the 
"  Z«W5,"  he  must  be  governed  by  the  decision  of  the 
Court  in  the  celebrated  case  of  Burr,  vs.  the  first  parish 
in  Sandwich.  Mr.  Burr  was  settled  an  Unitarian,  and 
became  Orthodox,  and  this  the  Supreme  Court  decid- 
ed was  just  cause  for  the  parish  to  dismiss  liim.  Chief 
Justice  Parsons,  said  in  that  case,  that  "  according  to  the 
almost  immemorial  usage  of  Congregational  churches, 
before  the  parish  settle  a  minister,  he  preaches  with 
them  as  a  candidate  for  settlement,  with  the  intent  of 
declaring  his  religious  faith,  and  if  he  is  afterv;ards  set- 
tled, it  is  understood  that  the  greater  part  of  the  parish 
and  church  agree  in  his  religious  sentiments  and  opin- 
ions. If  afterwards  the  minister  adopts  a  new  system 
of  divinity,  the  parish  retaining  their  former  religious 
belief,  so  that  the  minister  would  not  have  been  settled 
on  his  present  system,  in  our  opinion  the  parish  have 
good  cause  to  complain."  On  this  ground  the  Court 
decided  that  Mr.  Burr  had  forfeited  his  settlement. 

The  principle  is  the  same  applied  to  the  relation  Mr. 
Fish  holds  to  the  Marsh  pee  Indians.  He  was  placed 
over  them  by  others,  and  the  Indians  are  now  compell- 
ed either  to  lose  all  the  benefits  of  their  own  parson- 
age, or  to  hear  a  man  in  whose  doctrines  they  do  not 
believe,  and  whom  they  cannot  consent  to  take  as  their 
spiritual  teacher. 

Upon  a  full  investigation  into  this  branch  of  the  in- 
quiry, there  seems  to  be  no  legal  or  equitable  ground, 
on  which  Mr.  Fish  can  claim  to  hold  the  parsonage 
and  Meeting-house  against  the  Proprietors,  and  he 
must  therefore,  be  regarded  as  a  trespasser,  liable  to  be 
ejected,  and  the  men  lie  employs  to  cut  and  cart  wood 


163 

from  the  plantation,  are  liable  to  indictment  under  the 
new  law  of  1834. 

The  invalidity  of  title,  is  however,  a  still  stronger 
ground  against  IMr.  Fish's  right  of  adverse  occupancy, 
which  he  now  holds,  and  a  case  in  principle  precisely 
like  this,  has  been  decided  by  the  Supreme  Court  of 
Massachusetts.  It  occurred  in  1798,  before  there  was 
a  reporter  of  the  Supreme  Court.  Hon  John  Davis, 
United  States  District  Judge,  was  counsel  for  the  In- 
dians, and  Samuel  Dexter,  for  the  defendant.  It  was 
tried  on  a  demurrer,  before  the  Supreme  Court  in  Barn- 
stable, upon  an  action  of  ejectment.  Proprietors  of 
Marshpee,  vs.  Ebenezer  Crocker.  Judge  Paine  de- 
livered the  opinion  of  the  Court  in  favor  of  the  Indians. 
Judge  Benjamin  Whitman  of  Boston,  was  also,  we  be- 
lieve, concerned  in  the  cause.  The  substance  of  the 
case,  as  stated  by  Judge  Davis  and  Judge  Whitman, 
was  thus : 

Ebenezer  Crocker  of  Cotuet,  had  furnished  an  In- 
dian woman,  (known  as  the  Indian  Queen,)  with  sup- 
plies for  many  years.  She  occupied  and  claimed  in 
severalty  as  her  own,  a  valuable  tract  of  about  200 
acres  of  land  on  the  Marshpee  Plantation,  called  the 
neck,  of  which  tract  she  gave  a  deed  in  fee,  some 
time  before  her  death,  to  said  Crocker,  in  considera- 
tion of  the  support  he  had  given  her.  The  considera- 
tion at  that  time,  was  not  very  greatly  disproportioned 
to  the  value  of  the  land.  After  her  death,  she  having 
left  no  lieirs,  the  grantee,  Mr.  Crocker,  who  was  an 
influential  member  of  the  General  Court,  petitioned 
that  body  and  procured  a  full  confirmation  of  the  deed 
to  him,  in  the  same  manner  the  General  Court  in 
1809,  confirmed  the  parsonage  deed  of  1783,  except 
that  there  was  not  so  long  a  time  intervening  between 
Mr,  Crocker's  receiving  the  deed  fronj  the  Indian 
Queen  in  her  life  time,  and  its  full  confirmation  by  the 
General  Court  after  her  death. 

This  took  place  previous  to  the  law  of  1788,  putting 
the  Indians  under  guardianship,  when  either  the  law  of 


164 

1693  or  the  charter  of  1763,  was  in  force.*  When 
the  white  Overseers  came  in,  in  1798,  they  found 
Crocker  in  possession  of  this  land,  under  the  above 
title,  and  they  employed  Judge  John  Davis,  as  coun- 
sel, to  vacate  the  deed  and  the  act  of  the  General 
Court.  Judge  Davis  brought  an  action  of  ejectment 
against  Crocker,  (not  in  the  name  of  the  Overseers,) 
but  in  the  name  of  the.Proprietors  of  Marslipee,  whose 
property  he  claimed,  was  as  tenants  in  common,  on. 
the  ground  that  the  old  Queen,  though  she  occupied 
it  in  severalty  during  her  life,  could  not,  as  one  tenant 
in  common,  convey  the  interest  of  her  co-tenants  in 
common.  It  was  tried  in  the  Supreme  Court,  and 
the  deed  was  set  aside,  for  insufficiency  of  title.  This 
insufficiency  of  title  viuated  the  conveyance  on  the 
ground  that  the  old. Queen  had  no  power  to  convey 
when  she  made  the  deed,  and  that  the  General  Court 
had  no  power  to  make  good,  by  a  resolve,  a  title  orig- 
inally invalid. 

Crocker  also  set  up  the  claim  of  quiet  possession, 
for  thirty  years,  which  it  was  supposed  would  secure 
the  title  ;  but  the  Court  decided  that  this  gave  no 
title,  and  the  land  was  restored  to  the  Indians,  and 
now  forms  a  portion  of  their  common  land,  Mr. 
Crocker  of  course,  lost  all  he  had  furnished  to  the  old 
Queen,  and  in  this  respect,  his  case  was  harder  than 
it  would  be,  were  Mr.  Fish  dispossessed  of  the  parson- 
age, after  enjoying  it  for  twenty-four  years,  without 
any  title  thereto.  It  would  be  difficult  tor  any  lawyer 
to  show  why  Crocker's  deed  confirmed  by  the  General 
Court,  should  have  been  set  aside  in  1798,  and  Lot 
Nye's  deed,  of  the  parsonage,  be  held  valid  in  1834. 

On  referring  to  my  minutes  of  the  trial  of  the  peti- 
tion of  the  Indians,  for  their  liberty,  in  1834,  before  a 
Committee   of   the   Legislature,  1  fmcl   the   following 

♦  In  June,  1763,  the  Governor  and  Council  appointed  Thomas  Smith, 
Isaac  Hinckley  and  Gideon  Huwle/,  "  pursuant  to  an  act  empowering 
them  to  appoint  certaiii  pereons  to  have  the  inspection  of  the  Phiats- 
tiou  of  Marsbpee.'' 


165 

facts  stated  by  Rev.  Phineas  Fish,  who  was  a  witness 
before  that  Cominitlee.  They  will  throw  some  li^ht 
on  the  subject  of  inquiry. 

Rev.  Phineas  Fish,  sworn.  Testifies  that  he  was  ordained 
at  Marshpee  in  1811.  Was  invited  there  by  the  Overseers  of 
Marshpee.  There  were  five  persons  of  color  belonging  to 
the  church,  and  sixteen  whites.  At  the  ordination,  a  white 
man  rose  up  and  protested  against  it.  He  said  all  were  not 
satisfied.  It  was  not  a  vote  of  the  Indians  by  which  he  was 
settled,  and  no  vote  of  the  church  was  taken.  Five  Indiana 
had  expressed  a  wish  that  he  would  remain.  He  received 
two-thirds  of  the  WiHims  fund,  from  Harvard  College.  It 
had  varied  from  390  to  433  dollars.  Received  about  150  dol- 
lars per  year  from  the  wood-land  of  the  parsonage.  Has  built 
a  dwelling  house,  and  made  improvements  on  an  acre  and  a 
half  of  land  of  the  plantation,  of  which  he  holds  a  deed  from 
the  Overseers,  confirmed  by  a  resolve  of  the  General  Court. 

Mr.  Gideon  Hawley  testified  that  the  Meeting-house  was 
built  by  tlje  funds  of  the  English  Society  for  propagating  the 
gospel,  before  1757,  when  his  father  was  sent  as  a  missionary 
to  the  Indians,  by  the  London  Missionary  Society.  In  1817, 
five  hundred  dollars  were  granted  on  petition  of  the  Indians, 
as  a  donation  by  the  Legislature,  to  repair  the  church  for  the 
Marshpee  Indians.  After  Mr.  Fish  had  preached  in  Marshpee, 
5  Indians  came  to  Mr.  Hawley  and  expressed  a  wish  he  would 
stay  with  them.  There  was  no  vote  and  no  record.  Before 
his  father  came  to  Marshpee,  in  1757,  Bryant,  an  Indian 
preacher,  used  to  preach  to  the  Indians,  in  the  xMeeting-house, 
The  missionary,  (Mr.  Hawley,)  received  one  hundred  dollars 
annually,  from  Harvard  College,  of  the  Williams  fund.  In 
1778,  the  Indians  gave  the  missionary,  Mr.  Hawley,  two  hun- 
dred acres  of  land,  which  witness  inherits.  [The  validity  of 
this  title  is  not  disputed.] 

Hon.  Charles  Ma7'sion,  {one  of  the  Overseers,)  testified  that 
Mr.  Fish  had  a  Sunday  School,  principally  composed  of  white 
children.  He  did  not  recollect  ever  seeing  more  than  eight 
colored  children  in  it.  There  were  more  whites.  The  Over- 
seers paid  the  school  mistress  seven  and  sixpence  a  week, 
and  she  board  herself.  To  an  Indian,  who  kept  school  in 
winter,  were  paid  twelve  and  nineteen  dollars  a  month.  The 
whites  who  attend  Mr.  Fish's  meeting,  never  pay  any  thing 
to  him  or  the  church.  When  the  tax  was  required  in  parish- 
es, many  whites  got  rid  of  their  tax  by  attending  Mr.  Fish's 
meeting.  There  was  always  twice  as  many  whites  as  blacks 
in  the  society.  Last  summer,  (1833,)  he  counted  eighteen 
colored  persons,  and  twice  that  number  of  whites.  Mr.  Dwight, 


166 

one  of  the  Committee,  asked,  if  so  many  whites  being  there, 
did  not  tend  to  discourage  the  Indians  from  being  interested 
in  the  meeting  ?  Mr.  Marston  thought  it  might. 

Deacon  Isaac  Coombs,  who  had  been  twenty  years  a  dea- 
con in  Mr.  Fish's  church,  changed  his  sentiments,  and  waa 
baptized  by  immersion.  He  testified  before  the  Committee 
of  the  Legislature,  that  when  he  told  Mr.  Fish  he  had  been 
baptized  again,  Mr.  Fish  said,  "  that  was  rank  poison,  and 
that  he  should  expect  some  dreadful  judgment  would  befal 
me."  Deacon  Coombs,  who  is  sixty  years  old,  testified  also, 
that  the  Meeting-house  was  built  for  the  use  of  the  Indians. 
No  one  could  remember  when  it  was  built.  There  was  but 
one  colored  male  church  member,  when  Mr.  Fish  came  to 
Marshpee,  in  1811.  He  further  stated  to  the  Committee  that 
his  family  got  discouraged  going  to  Mr.  Fish's  meeting,  from 
the  preference  he  gave  to  the  whites.  He  did  not  come  to 
see  his  family,  and  lost  his  influence  by  taking  part  with  the 
guardians  against  the  Indians.  There  was  a  difficulty  in  Mr. 
Fish's  meeting  about  the  singing.  The  colored  people  were 
put  back,  and  the  whites  took  the  lead.  Mr.  Fish  has  50  or  60 
acres  of  pasture,  East  of  the  river,  besides  the  parsonage. 


I  have  thus  given  my  views  of  the  law  and  the  facts, 
touching  the  parsonage  in  Marshpee,  in  order  that  the 
Indians  and  their  Selectmen  who  have  desired  legal 
advice  on  the  subject,  may  fully  understand  their  rights, 
i  am  confident  they  will  never  attempt  to  obtain  those 
rights,  except  in  a  legal  and  peaceable  way.  The 
Courts  at  Barnstable,  it  is  said,  are  closed  to  them,  in 
the  way  pointed  out  by  the  law,  the  District  Attorney 
refusing  to  prosecute  the  men  who  cut  wood  on  the 
parsonage.  I  invite  the  attention  of  that  acute  and 
learned  officer,  Charles  H-  Warren,  Esq.  to  the  points 
made  in  this  opinion,  well  assured  that  if  it  can  be  re- 
futed by  any  professional  gentleman,  it  can  be  done 
by  him.  If  he  cannot  do  so,  I  hope  he  will  permit 
the  title  of  the  parsonage  to  be  brought  before  the 
Court,  under  an  indictment  for  cutting  wood  contrary 
to  the  act  of  1834.  I  regret  the  necessity  of  present- 
ing arguments  to  dispossess  Mr.  Fish  of  what  he  doubt- 
less supposes  be  lawfully  holds  ;  but  I  am  looking  for 
the  rights  and  the  property  of  the  Indians,  and  am  not 


167 

at  liberty  to  consult  personal  feelings,  that  would  cer- 
tainly induce  me  to  favor  the  Rev.  Mr.  Fish,  as  soon 
as  any  man  in  his  situation.  I  think  it  as  important  to 
him  as  to  the  Indians,  that  the  title  to  the  parsonage 
should  be  settled,  for  there  will  be  feuds,  and  divisions, 
and  strifes,  as  long  as  that  property  remains  as  it  novr 
is,  wrongfully  taken  and  withheld  from  the  Indians,  to 
support  an  ''established  church,"  in  ]Marslipee. 
With  this  view  I  have  proposed  to  Mr.  Fish,  in  behalf 
of  the  Indians,  to  make  up  an  aniicable  suit,  before  the 
Supreme  Court,  and  obtain  their  opinion,  and  the  par- 
ties be  governed  by  it.  The  Indians  are  ready  to  sub- 
mit it  to  such  an  arbitration.  Mr.  Fish  declines.  The 
only  other  remedy  is  an  injunction  in  chancery,  to  stop 
the  cutting  of  wood.  The  Indians  arc  not  w^ell  able 
to  bear  the  expense,  at  present,  or  this  course  would 
be  taken  to  recover  their  property.  Until  some  legal 
decision  is  had,  Mr.  Fish  cannot  but  see,  from  an  ex- 
amination of  the  legal  s^rounds  set  forth  herein,  that 
there  are  strong  reasons  for  regarding  him  as  holding  in 
his  possession  that  which  rightfully  belongs  to  another. 
The  public  will  not  be  satisfied,  until  the  rights  of  the 
Indians  are  fully  secured.  I  have  always  been  desir- 
ous that  Mr.  Fish  should  not  be  disturbed  in  his  house 
lot,  and  for  my  own  part,  it  would  give  me  pleasure, 
should  the  Indians,  immediately,  on  getting  legal  posses- 
sion of  their  own  parsonage,  unanimously  invite-him  to 
settle  over  them.  But  so  long  as  he  withholds  from  them 
their  property,  it  cannot  be  expected  that  they  should 
receive  him  as  their  spiritual  teaclier.  It  is  in  direct 
violation  of  the  Constitution  and  of  religious  freedom. 
-       BENJAMIN  F.  HALLETT, 

Counsel  for  the  Marshpee  Indians. 
Boston,  May,  20,  1835. 

{Cf^  The  Selectmen  of  Marshpee  District,  are  at  liberty 
to  make  such  use  of  the  foregoing,  as  they  think  proper. 


168 

CONCLUDING   OBSERVATIONS. 

If,  in  the  coiirsG  of  this  little  volume,  I  have  been 
obliged  to  use  language  that  seems  harsh,  I  beg  my 
readers  to  remember  that  it  was  in  defence  of  the 
character  of  the  people  under  my  spiritual  charge  and 
of  my  own.  The  Marshpees  have  been  reviled  and 
misrepresented  in  the  public  prints,  as  much  more  in- 
dolent, ignorant,  and  degraded  than  they  really  are, 
and  it  was  necessary,  for  their  future  welfare,  as  it  de- 
pends in  no  small  degree  upon  the  good  opinion  of 
their  white  brethren,  to  state  the  real  truth  of  the  case, 
which  could  not  be  done  in  gentle  terms.  The  causes 
which  have  retarded  our  improvement  could  not  be  ex- 
plained without  naming  the  individuals  who  have  been 
the  willing  instruments  to  enforce  them. 

For  troubling  my  readers  with  so  much  of  my  own 
affairs,  I  have  this  excuse.  I  have  been  assailed  by 
the  vilest  calumnies ;  represented  as  an  exciter  of  se- 
dition, a  hypocrite  and  a  gambler.  These  slanders, 
though  disproved,  still  continue  to  circulate.  Though 
an  Indian,  I  am  at  least  a  man,  with  all  the  feelings 
proper  to  humanity,  and  my  reputation  is  dear  to  me; 
and  I  conceive  it  to  be  my  duty  to  the  children  I  shall 
leave  behind  me,  as  well  as  to  myself,  not  to  leave  them 
the  inheritance  of  a  blasted  name.  In  so  doing,  I  hum- 
bly presume  to  think,  I  have  not  exceeded  tha  mode- 
ration, proper  for  a  Christian  man  to  use. 

WILLIAM  APES. 


ERRATA. 

Page  15,  5th  line,  read  invite  for  imitate...  .P.  32,  16th  line,  read 
Fiike  for  Fish  ;  the  same  35th  p.  3d  line  and  15th  line  ;  and  p.  36, 
near  the  bottom....?.  57,  read  rye  for  hay....  P.  78,  read  College  for 
Harvard. 


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